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Labor & Employment Construction

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

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

Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages

California is imposing greater responsibilities on prime contractors for nonpayment of wages and benefits by their subcontractors. On October 14, Governor Jerry Brown signed into law Assembly Bill 1701 (Thurmond), adding...more

Construction One-Minute Read: Labor Harmony on a Mixed-Trade Project

Construction projects that have a mixture of union and non-union trades are becoming more prevalent. A contractor undertaking a mixed-trade project must understand that harmonizing these two groups may present challenging...more

New Law Holds Contractors Liable for Subcontractors’ Non-Payment of Wages

by Ervin Cohen & Jessup LLP on

Assembly Bill 1701 (AB 1701) provides a “direct contractor” is liable for the wages, benefits and contributions (plus interest) owed by its subcontractor(s), even if the subcontractor has been paid for the work. A “direct...more

New Employment Laws Will Require Changes for Most Employers in 2018

by Farella Braun + Martel LLP on

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

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

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