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Will Construction Employees Enjoy the ‘Right to Disconnect’?

Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes....more

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an...more

What the Changed Standard for Religious Accommodations Means for the Shift-Based Retail Industry

The retail industry is a shift-based industry, dependent on workers signing up for weekday and weekend shifts, for holidays, and for times when few average workers would dream of being awake and at work. What if an employee...more

Avoiding Worker’s Compensation Retaliation Claims in the Construction Industry

Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry....more

Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule

The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate...more

Circuit Panel Invites Full Court to Reconsider Title VII ‘Ultimate Employment Decisions’ Rule

Holding a gender-based scheduling policy giving only male detention service officers full weekends off was not unlawful discrimination under Title VII of the Civil Rights Act, a three-judge panel of the U.S. Court of Appeals...more

Construction Industry Workplace Law Update – Summer 2022

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction- In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new...more

Construction Disputes and ‘Baseball’ Arbitration

A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms...more

Spread of COVID-Whistleblower Legislative Protections Continues Unabated

The onset of the COVID-19 pandemic was sudden and devastating, and even as the threat levels subside, the fallout endures. To be sure, the healthcare industry has long been on the forefront of battling the threat to public...more

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