News & Analysis as of

Fair Labor Standards Act (FLSA) General Contractors

Smith Debnam Narron Drake Saintsing & Myers,...

Navigating the USDOL’s 2024 New Rule: Guidance for General Contractors and Commercial Construction Developers

On January 10, 2024, the United States Department of Labor released the Employee or Independent Contractor Classification Under the Fair Labor Standards Act Final Rule. The purpose and effect of the Final Rule is to revise...more

Hahn Loeser & Parks LLP

Employing Minors in Construction

Are you a contractor that would like to employ 16 or 17-year-olds (“minors”)? House Bill 33 (establishing the state budget for 2023-25) permits minors to work on construction sites in certain limited situations....more

DirectEmployers Association

OFCCP Week In Review: June 2021 #5

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: January 2021

Special Edition Week In Review: Read all about it! While many of you were at holiday over the last two weeks, your federal government was not, and a lot of news hit the wire. So, we were there and can now report what you...more

DirectEmployers Association

OFCCP Week In Review: December 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

Miles & Stockbridge P.C.

New Virginia Construction Statute: General Contractors Can Be Liable to Pay Subcontractor’s Employee Wages

Last month, Virginia’s General Assembly enacted a new law that makes contractors on large construction projects liable for unpaid wages owed to their subcontractors’ employees. Senate Bill 838, codified at Virginia Code §...more

Ward and Smith, P.A.

Construction Conference Insights: How to Lower Legal Risk

Ward and Smith, P.A. on

Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel at the 2019 Ward and Smith Construction Conference. Attorneys Devon...more

BakerHostetler

"A to Z" of What California Employers Need to Know for 2018

BakerHostetler on

With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2018. Effective January 1, 2018, California’s Fair Pay Act will extend...more

McAfee & Taft

Department of Labor withdraws joint employer guidance

McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

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

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor...more

Best Best & Krieger LLP

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Brooks Pierce

Fourth Circuit Decision Opens the Door to Joint Employer Liability for Contractors - Could Your Company Be At Risk?

Brooks Pierce on

On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Littler

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

Littler on

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

Seyfarth Shaw LLP

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Ward and Smith, P.A.

Caution! Construction Zone: A Piece-Rate Compensation System Can Be An Effective Tool For Construction Businesses, But What About...

Ward and Smith, P.A. on

If your business involves construction, then you may be familiar with the concept of piece-rate compensation. Under this system, employees are paid based on the number of units, or pieces, they complete, rather than on the...more

Burr & Forman

Do Your Employees and Construction Laborers Belong to You? Depends.

Burr & Forman on

When walking through the mall or the grocery store with my children, I inevitably get asked, “Are they all yours?” Depending on my mood, I may or may not claim them all. As a general contractor, you will want to know the...more

Fisher Phillips

Look Out Below

Fisher Phillips on

How Subs Can Cause Problems For General Contractors - The U.S. Labor Department (DOL) often sets its sights up the food chain, focusing enforcement efforts on general contractors (GCs) for the wage violations of their...more

Franczek P.C.

A Wolf in Sheep's Clothing is Still a Wolf: The FLSA Regular Rate and Breach of Contract

Franczek P.C. on

Recently, I read about a construction contractor in Los Angeles caught in the middle of litigation between its subcontractors and the city, on behalf of the subcontractor’s former employees. According to the employees, the...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide