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Construction Labor & Employment

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

If there’s one law from the 2017 Legislative Session that’s garnered a lot of attention in the construction press, it’s AB 1701. Under AB 1701, beginning January 1, 2018, for contracts entered into on or after January 1,...more

An Update from AGC’s Winter National Safety Committee Meetings.

by Fisher Phillips on

Folks who follow my writing know that of the many groups to which I speak, the AGC National Safety Committee is my favorite. I love the industry and I value the clients and contacts who have become friends, even Bob Emmerich,...more

DC Circuit Upholds the New OSHA Silica Rule But Remands Medical Removal Protection Standard Issue

On December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a unanimous opinion upholding most of the Occupational Safety and Health Administration’s (OSHA) 2016 revised workplace standard for...more

D.C. Circuit Rejects Industry Challenges to Silica Rule and Remands to OSHA for Further Consideration on Medical Removal...

by Beveridge & Diamond PC on

The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling. In its written decision, the...more

Direct Contractors Potentially Liable for Subcontractors' Failure to Pay Wages

by Clark Hill PLC on

Commencing on January 1, 2018, California has enforced and made effective AB 1701 (Labor Code § 218.7). In accordance with this new law, "direct contractors" on private works of improvements will now be directly liable for...more

Bidding Thresholds for 2018 Rise

by Barley Snyder on

The Pennsylvania Department of Labor & Industry’s municipal authority and municipality bidding thresholds will rise 2.2 percent in 2018. ...more

D.C. Circuit Upholds OSHA Silica Rule

by King & Spalding on

The U.S. Occupational Safety and Health Administration (OSHA) recently promulgated a new rule for respirable crystalline silica, with compliance obligations for the general industry beginning on June 23, 2018. Some industries...more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

Construction In Brief: 2017 Volume 4

The Buy American Act: Are You Compliant? - The federal government has a long-standing pref­erence for incorporating domestic materials and products into public construction projects. While a number of statutes and...more

2018 California Construction Law Update

The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law....more

Caveat contractors: Under new California law, general contractors will be on the hook for unpaid subcontractor wages

by Dentons on

Enacted by California state legislators in September and effective for contracts entered on or after January 1, 2018, A.B. 1701 makes direct contractors (defined as those with a direct contractual relationship with a project...more

What Changes Are In Store For California Employers in 2018?

by McManis Faulkner on

As 2017 draws to a close, now is an opportune time for California employers to review the new employment laws scheduled to take effect in 2018 and ensure compliance. As with past years, the new crop of employment laws are...more

Breaking: D.C. Circuit Upholds Silica Standard

by Sherman & Howard L.L.C. on

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more

D.C. Circuit Rejects All Industry Challenges to OSHA’s New Silica Standards

On Friday, December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected all of American industry’s many challenges to the Occupational Safety and Health Administration’s (OSHA) new silica dust...more

Best Practices for Staying Off of OSHA’s “Naughty List”

by Stoel Rives LLP on

Construction projects, both big and small, pose a host of safety risks and challenges. Ask anyone who has ever swung a hammer and they will tell you that sometimes accidents on a jobsite are unavoidable. Construction...more

Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical...more

The Hard Hat Bulletin

On September 13, 2017 the California Legislature passed Assembly Bill No. 1701, which requires the General Contractor of a private construction project to pay all unpaid wages and fringe benefits owed to an employee of a...more

The 12 days of California Labor & Employment Series – Day 7 “General Contractor Liability – Double Payment Potential”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

Under Construction - December 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

A New FIDIC Rainbow: Red, Yellow and Silver

by White & Case LLP on

Today, at the International Contract Users Conference in London, the Fédération Internationale Des Ingénieurs-Conseils (FIDIC) launched Second Editions of the Red, Yellow and Silver Books as updates to the First Edition...more

OSHA Appeals Decision Invalidating Its Multi-Employer Citation Policy

by Jackson Lewis P.C. on

Although the Department of Labor under new Labor Secretary Alex Acosta has indicated that it will be scaling back on the broad interpretation of joint employer for purposes of determining enforcement liability, on November 6,...more

OSHA's New Silica Rules: Are you ready for OSHA to inspect your jobsite?

by Davis Brown Law Firm on

OSHA’s new silica rules (“Silica Rules”) for construction went into effect on September 23, 2017. Under the new Silica Rules, all contractors who engage in activities that create silica dust (such as by cutting, grinding, or...more

New York Paid Family Leave Obligations for Construction Employers

Effective January 1, 2018, employees of construction employers (supplies, architects, contractors, and others) working in New York State may be eligible for paid family leave. The NY Paid Family Leave Law (“PFLL”) is both...more

Enterprise agreements made with few employees vulnerable to challenge

by DLA Piper on

Enterprise agreements made with a small number of employees who serve as a beachhead for coverage of a larger workforce, have become a common practice in the labour hire, mining and building and construction sectors in recent...more

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