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Construction Labor & Employment

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

ICYMI: Federal Appeals Court Upholds New OSHA Silica Rule

A recent federal appeals court decision rejected a challenge to the Occupational Health and Safety Administration’s new rule for respirable crystalline silica (silica) exposure in the construction industry (the Silica Rule),...more

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

by Clark Hill PLC on

The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

OSHA Considering Changes to Silica Rule

by Sherman & Howard L.L.C. on

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

Defence + Indemnity: February 2018 - VI. SURETY AND BOND ISSUES

by Field Law on

VI. SURETY AND BOND ISSUES - A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard...more

In Construction, There’s A Tattletale And There’s What is Right

by Burr & Forman on

Sometimes, we avoid doing bad things because of the risk of getting caught.  Other times, we avoid doing bad things because we simply choose to do right things.  Whatever the camp you fall into, a recent government contracts...more

Protection From Discrimination in Employment – To Infinity and Beyond

by Field Law on

At the end of last year, the Supreme Court of Canada, in the highly anticipated decision of British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 (“Shrenk”), addressed the following important issue: How far does...more

Supreme Court of Canada decision broadens scope of human rights protection in employment

by DLA Piper on

In a landmark decision released on December 15, 2017, the Supreme Court of Canada determined that the British Columbia Human Rights Code protects individuals from discriminatory conduct perpetrated by employers with whom they...more

For OSHA Purposes, First Circuit Deems Subcontractor Employee of General Contractor

Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more

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

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