News & Analysis as of

Administrative Law Judge (ALJ) Construction Industry

Fisher Phillips

Breaking Ground After Chevron Demolished: What Construction Employers Can Expect in This Next Phase

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The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more

DirectEmployers Association

OFCCP Week In Review: February 2024 #4

Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...more

Fox Rothschild LLP

Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?

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I have handled numerous prevailing wage cases, both Davis Bacon Act and State laws, and have come to understand that it often is a gray issue whether materials delivery and any concomitant work performed is/is not prevailing...more

Jackson Lewis P.C.

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Jackson Lewis P.C. on

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Pushes Employers to Make Drinking Water More Easily Available to Workers

On February 6, 2023, California’s Occupational Safety and Health Appeals Board (OSHAB) held that employers must provide their outdoor workers with drinking water at a location “as close as practicable,” effectively creating a...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: November 2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trafalgar Stump Dump: Arkansas Department of Energy and Environment - Division of Environmental Quality Motion to...

Two documents were prepared by the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) in regards to Thomas Fredericks and Fredericks Construction Company, Inc., (“Fredericks”) Consent...more

Snell & Wilmer

Under Construction - October 2019: "Coming and Going" Does Not Include the Parking Lot

Snell & Wilmer on

In its 55th opinion this year, the Utah Supreme Court clarified that worker’s compensation applies to an employee who is injured not only on the employer’s premises, but also on the premises of another “in such proximity and...more

Hahn Loeser & Parks LLP

OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause

On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more

Seyfarth Shaw LLP

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

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We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

Seyfarth Shaw LLP

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

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Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

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