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Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

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The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Cozen O'Connor

District of Columbia AG Secures Record $3.75 Million Wage-Theft Settlement

Cozen O'Connor on

District of Columbia AG Brian Schwalb settled with contractors Power Design, Inc. (PDI) and John Moriarty & Associates of Virginia, LLC (JMA), along with multiple labor subcontractors, to resolve allegations that the...more

Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

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Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Fisher Phillips

Do Your Contractors Carry Workers’ Compensation Coverage? How It Can Impact Your Policy and 5 Ways to Prepare for Insurance Audits...

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Workers’ compensation insurance audits can lead to big and unexpected costs for your company, especially now that insurers and state governments are pushing for policyholders to ensure that their independent contractors and...more

Hinch Newman LLP

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

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Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

Davis Wright Tremaine LLP

Coming Soon: Long-Awaited Updates to FAR Small Business Rules

After several years of disjointed regulations between the Small Business Administration ("SBA") and the Federal Acquisition Regulation ("FAR") related to the limitations on subcontracting, revised FAR regulations are on the...more

Saiber LLC

The Saiber Construction Law Column: February 2024

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In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Stoel Rives -  Ahead of Schedule

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

Adams and Reese LLP

All My Excess Live in Texas - Texas Supreme Court Holding on Additional Insured Status

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In ExxonMobil Corporation vs. National Union Fire Insurance Company, the Texas Supreme Court recently held that ExxonMobil was an additional insured under an umbrella policy procured by its subcontractor. Additionally, the...more

Saiber LLC

The Saiber Construction Law Column: April 2023

Saiber LLC on

Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

White and Williams LLP

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

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In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Frantz Ward LLP

Cleveland City Council passes the Wage Theft and Payroll Fraud Prevention Ordinance

Frantz Ward LLP on

Reposted from the Labor & Employment Law Navigator Blog - On Monday December 5, 2022, Cleveland City Council passed the Wage Theft and Payroll Fraud Prevention Ordinance (the “Ordinance”) – which prohibits the City of...more

Genova Burns LLC

ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision

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On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used...more

BakerHostetler

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

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For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

ArentFox Schiff

An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex

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An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex - Introduction - In the past few years, California employers and courts have grappled with the impact of Dynamex Operations West,...more

Epstein Becker & Green

#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care...

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This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts. Texas Court Reinstates DOL Independent Contractor Rule A district...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

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Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

DirectEmployers Association

OFCCP Week In Review: January 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mintz - Employment Viewpoints

Massachusetts Supreme Judicial Court Rejects Use of Independent Contractor Statute for Joint Employment Status Determination

In a recent decision, the Massachusetts Supreme Judicial Court (SJC) confirmed that the framework used in federal Fair Labor Standards Act (FLSA) cases, not the ABC classification test set forth in Massachusetts’ independent...more

Foley & Lardner LLP

A Potpourri of Employment Law Updates in the Sunshine State

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Employers in the nation’s third largest state have a lot of new employment law items to consider this fall. Following is a summary of some of the more significant items affecting those with workers in the Sunshine State. ...more

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