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Labor & Employment Construction

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

One Final Reminder: OSHA Electronic Records Submission Deadline December 1, 2017

December 1, 2017 is the final deadline to comply with newly implemented Occupational Safety and Health Administration (“OSHA”) regulations that require electronically submitting workplace injury data and information to OSHA....more

Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?

by Murtha Cullina on

In Connecticut, the answer was yes. Work-related injuries are an unfortunate reality in the construction industry, as are the lawsuits that often follow....more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

Court Finds General Contractor Liable For Subcontractor’s Employees

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor...more

Legal issues for those running UK construction businesses - (Planning, Health and Safety, Regulatory, House Building and...

by Dentons on

Welcome to our round-up of legal issues relevant to UK construction businesses. The summaries below contain updates and links to recent articles from colleagues specialising in planning, health and safety, regulatory or...more

California To Hold Direct Contractors Jointly Liable For Subcontractor’s Unpaid Wages And Fringe Benefits

by Jackson Lewis P.C. on

Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit...more

Precedent Setting Alberta OHS Case: Excavation Company Director Sentenced to Jail

by Bennett Jones LLP on

A precedent setting occupational health and safety (OHS) case was heard in the Alberta Court yesterday. For the first time in Alberta's history, a worker who was also a company director was sentenced to jail for a period of...more

The Latest From OSHA on Silica in Construction Enforcement

On October 19, 2017, the Occupational Safety and Health Administration (OSHA) issued Interim Enforcement Guidance for enforcing the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153. OSHA began...more

OSHA Begins Enforcement of Respirable Crystalline Silica in Construction Standards

On October 23, 2017, the U.S. Occupational Safety and Health Administration (OSHA) began enforcement of its Respirable Crystalline Silica in Construction Standard (Construction Silica Standard). OSHA enforcement of its...more

Contractors on Private Works Now Liable for Unpaid Wages Owed by its Subcontractors

by Snell & Wilmer on

California enacted Assembly Bill 1701 on October 14, 2017, which adds section 218.7 to the California Labor Code. It applies to contracts entered into after January 1, 2018 for private construction projects....more

What Employers Need To Know About OSHA’s Respirable Crystalline Silica Rule For Construction

by Jackson Lewis P.C. on

Full enforcement with the Occupational Safety and Health Administration’s new respirable crystalline silica rule in the construction industry began on October 23, 2017, according to the agency. The silica rule is one of the...more

The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages...

Tales of subcontractors who close up shop before paying their employees are not all that uncommon, but they are certainly not common enough to require General Contractors to pay for that same labor twice. Last month, the...more

OSHA Now Fully Enforcing Silica in Construction Standard

by Sherman & Howard L.L.C. on

On October 19, 2017, OSHA’s Acting Deputy Assistant Secretary issued interim guidance to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard. In this guidance, OSHA explains that as of...more

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread....more

General Contractors Now Liable In Private Construction For Wage And Fringe Benefit Liabilities Of Subcontractors

by Weintraub Tobin on

On October 14, 2017, California Governor Jerry Brown signed AB 1701. This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors. This law applies to all contracts entered...more

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California,...more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Top 10 OSHA Citations for 2017

by Nexsen Pruet, PLLC on

The Occupational Safety and Health Administration has announced the Top 10 most frequently cited alleged violations for fiscal year 2017, which ended September 30. The list changes little from year to year, but this year...more

OSHA’s New Crystalline Silica Standard is Now Being Enforced for Construction

by Miller & Martin PLLC on

Enforcement began September 23, 2017, for the construction industry. Everyone covered by the standard is required to...more

Wage Theft Investigations and Citations in the Construction Industry

This month we share some cautionary tales for employers in the construction industry. During the past several months the California Labor Commissioner has cited or filed suit against several construction companies. In one...more

Amended OSHA Silicon Standard: Thirty Day Enforcement Phase-In Memorandum

\The United States Occupational Safety and Health Administration (“OSHA”) previously published a March 25, 2016, Federal Register Notice stating it is amending its existing standards for occupational exposure to respirable in...more

Construction Employers Now Subject to Enforceable OSHA Respirable Crystalline Silica Rule; Grace Period for “Good Faith”...

by Bryan Cave on

Construction employers are now subject to OSHA’s Respirable Crystalline Silica rule, which became enforceable on September 23, 2017. OSHA published a guidance memorandum dated September 20, 2017, which set forth a 30-day...more

OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA announced a thirty day phase-in for enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. The new rule will be fully effective by Monday, October 23, 2017....more

OSHA Announces Top Ten Violations

by Jackson Lewis P.C. on

OSHA recently released the top ten violations for fiscal year 2017, which ended September 30. Generally, this list does not change much from year to year with the top three violations always being fall protection, hazard...more

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