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Construction Labor & Employment

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

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

by Fisher Phillips on

Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more

Are Construction Project Supervisors Exempt from the FLSA’s Overtime Requirements?

The Answer: It depends on the facts and circumstances of each case. However, two recent reissued opinion letters from the United States Department of Labor’s Wage and Hour Division (WHD) provide construction companies...more

Weekly Roundup - February 10.

by Fisher Phillips on

If you are involved in safety or risk management, especially in construction, you recognize that struck-by accidents are almost always among the top three causes of employee deaths. What you may not appreciate is that most...more

Construction Law Alert: Proposed Legislation Would Make Contractors Liable for Unpaid Wages of Subcontractors

by Stoel Rives LLP on

A bill proposed in the Oregon House of Representatives threatens to fundamentally alter the relationships between contractors, their subcontractors, and their subcontractors’ employees. Under the bill, a contractor on a...more

The Most Hazardous Industry

by Poyner Spruill LLP on

The construction industry continues to be the most hazardous industry in our state according to statistics recently released by the North Carolina Department of Labor. Forty percent of all OSHA-reported fatalities involved...more

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

The Trump N.L.R.B. Gift Giving Season

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases expending employee and labor union protections. In a...more

News from Second & State

Weekly Wrap - Both the House of Representatives and Senate were in Harrisburg this week for session for the first time in 2018. The new year kicked off on Monday with a joint public hearing of the House and Senate Local...more

Construction Industry Double-Breasting: Recent Developments And Lessons Learned

Here is an update to our prior client alert titled, "Construction Industry Double-Breasting: Recent Trends and Best Practices," which now includes additional information about a recent court decision impacting employers in...more

Company Owner Pleads Guilty to Criminal Charges Stemming From Wage-Hour Investigation

When involved in a criminal investigation, the cover-up is usually worse than the underlying crime. Last month, a New Hampshire business owner learned this lesson the hard way when he pleaded guilty to charges based on his...more

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

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