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
7/30/2024
/ Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRB ,
Subcontractors ,
Wage and Hour
Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission...more
Every year, some developments in employment law have greater potential to affect the manufacturing industry than others. Thus far in 2023, possible changes to the salary threshold under the Fair Labor Standards Act (FLSA) and...more
6/15/2023
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Manufacturers ,
Pay Transparency ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Wage and Hour
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA...more
Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair...more
The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair competition and solicitation by current or former employees. This is especially true for employees in...more
The Occupational Safety and Health Administration (OSHA) has increased its minimum and maximum penalties for workplace safety and health violations by 7.7 percent effective January 17, 2023.
Today, a “serious” violation...more
The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current...more
The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more
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
7/1/2022
/ Anti-Discrimination Policies ,
Construction Industry ,
Davis-Bacon Act ,
Dispute Resolution ,
Heat Exposure ,
NEP ,
OSHA ,
Pre-Dispute Arbitration ,
Prevailing Wages ,
Prime Contractor ,
Sexual Harassment ,
Silica ,
Subcontractors ,
Wage Theft ,
Workplace Safety
For employers in the construction industry, the Department of Labor’s (DOL) proposed revisions to Davis-Bacon Act (DBA) regulations on prevailing wages on public projects can mean significant adjustments to their practices....more
Manufacturing employees have a hand in everything that our country produces. Naturally, manufacturers want to know their employees are reliable and trustworthy. Manufacturers are taking steps, including background checks, to...more
Overtime standards in Virginia will return to federal standards beginning July 1, 2022.
On July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, significantly deviating the state’s overtime pay laws from...more
A project labor agreement (PLA) will be required prior to awarding federal construction projects valued at $35 million or more to any construction contractors and subcontractors under the Executive Order on Use of Project...more
In March 2021, then-Governor Ralph Northam (D), backed by a full Democratic majority in the General Assembly (Virginia’s legislative body), signed the Virginia Overtime Wage Act, greatly expanding the State’s overtime...more
With the start of a new year, there is no better time to take on employment law compliance.
For many companies in the construction industry, HR issues often get pushed to the back burner, sometimes due to small HR...more
A new Virginia law expands the state’s prohibitions on discrimination in residential real estate transactions and in employment against military members.
HB 2161 adds “military status” to the list of protected classes of...more
Virginia has adopted a prevailing wage statute and amended its Wage Theft Law. Contractors risk significant liability and penalties for noncompliance.
Prevailing Wage Statute-
Like its federal counterpart, the...more
There are numerous reasons why employers should take the time to update their handbooks on an annual basis, at a minimum. However, many employers, including those in the construction industry, undervalue the benefits a...more
Beginning July 1, 2021, Virginia employers will be subject to new state overtime pay requirements. Virginia Governor Ralph Northam signed into law the Virginia Overtime Wage Act on March 31, 2021. Previously, Virginia had...more
While general or prime contractors have always faced the risk of liability for the actions or inactions of their subcontractors, an increase risk of state statutory liability for certain actions and inactions of...more
Prior to the passage of SB 548, Virginia was one of 25 states without an active work-sharing program. On April 22, 2020, Governor Ralph Northam enacted a new work-sharing program, which will permit employers to reduce...more
Employee misclassification is the focus of three new laws that passed in the Virginia General Assembly during its 2020 Session and signed by the Governor. One creates a private cause of action. Another prohibits retaliation...more
Clarifying months of confusion, the Virginia General Assembly has passed HB 689, effective July 1, 2020, requiring employers in Virginia to report on employees’ wage statements the number of hours worked during the pay period...more
On March 30, 2020, Virginia Governor Ralph Northam issued Executive Order Number 55, “Temporary Stay at Home Order Due to Novel Coronavirus (COVID-19).”
Pursuant to Executive Order No. 55 (The Order), all individuals in...more