News & Analysis as of

Construction Workers

California Legislation Guide for Developers

Last fall, Governor Jerry Brown signed into law a package of 15 bills in response to the state’s housing shortage and affordability crisis. These bills came into effect on January 1st, 2018. The bills have important...more

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

by Snell & Wilmer on

The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more

Your Comprehensive Guide to 2018 Proposed California Legislation

by Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Florida State of Emergency for Zika Virus Has Terminated - Deadline for Extension of Development Permits Nears

by Holland & Knight LLP on

After the issuance of various extensions, the Zika virus state of emergency declared by Florida Gov. Rick Scott has terminated after the governor did not renew the Executive Order. However, holders of certain development...more

Real Estate and Construction Newsletter - February 2018

by Barley Snyder on

Pennsylvania Construction Contractors Under The Gun For Misclassifying Employees As Independent Contractors - Pennsylvania has been sending a strong message to contractors that it is enforcing a law penalizing contractors...more

California Issues Initial Implementation Guidance on 2017 Housing Laws - HCD Identifies Jurisdictions Where Local Governments Must...

by Holland & Knight LLP on

• One of the most notable laws in California's package of housing laws passed by the State Legislature and signed by Gov. Jerry Brown in 2017 is SB 35, which requires most local governments to issue housing developers...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

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

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

Roadside Workers at Risk

by Howard Ankin on

U.S. roadside workers are exposed to hazardous workplace conditions that put them at high risk of serious injury and death. Each year, thousands of roadside workers are injured or killed while performing their jobs....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

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Hold On To Your Hard Hats: Updates On Construction Site Safety In New York

In New York City, construction of some sort is always moving forward and, as such, worksite injuries and fatalities unfortunately will occur. The Commercial Observer's "The State of Construction Safety" conference on May 4...more

Wage and Hour Pitfalls Part 1: What You Need To Know

by Farrell Fritz, P.C. on

1. Employers Must Pay “Manual Workers” Weekly. In New York, employers are required to pay manual workers weekly. A “manual worker” includes “a mechanic, workingman or laborer” or individuals who spend more than 25% of...more

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

by Field Law on

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

NESC 2017 Edition to Revise Several Rules Pertinent to Joint Use and Pole Attachments

by Davis Wright Tremaine LLP on

The National Electrical Safety Code (“NESC”), published by the IEEE Standards Association (“IEEE”), is the foremost standard for constructing communications plant using existing utility pole infrastructure. For 100 years,...more

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

Union Construction Unrest at Tesla Gigafactory

by Snell & Wilmer on

The Salt Lake Tribune reports that 350 union affiliated construction workers walked off the job at the Tesla Gigafactory construction site in Northern Nevada, with about 100 of them reportedly actively picketing the project....more

Attention Philadelphia Contractors: Do You Comply with OSHA Training and Supervision Requirements?

The City of Philadelphia has issued new code requirements for construction worker safety training. The new rules went into effect on October 1, 2015, and the Department of Licenses and Inspections has announced that strict...more

New York’s First Department Holds That Fall Caused By a Shock Constitutes a Violation of Labor Law §240(1)

In Nazario v 222 Broadway, LLC, LEXIS 246 (1st Dep’t Jan. 14, 2016). the Appellate Division, First Department held that the motion court erred in dismissing plaintiff’s claim for violation of New York State Labor Law...more

Employment Law Letter - Winter 2016

by Shipman & Goodwin LLP on

In our last issue, we reported on an interesting lawsuit filed by about 50 plant construction workers who were out of work for months following an explosion resulting from a “gas blow” at the Kleen Energy facility in...more

OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous...more

Labor Shortage: Has Uber Poached All Our Construction Workers?

California’s economy has for the most part rebounded from the Great Recession. The demand for new housing is steadily climbing, and builders are once again buying land and planning new communities. While not to pre-recession...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19330 - Lawrence v. O & G Industries, Inc. - SC19331 - Beamer v. O & G Industries, Inc. Construction companies do not owe a duty of care to workers employed on a job...more

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