COVID-19 Guidance for Government Contractors
The New Jersey Department of Labor and the Attorney General have really declared war against the supposed scourge of misclassification of workers as independent contractors. The agency is making this effort on numerous...more
A government shutdown at the end of the month could significantly impact contractors. This alert provides practical guidance to help minimize the impact. Communicate with your contracting officers early and often to...more
On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published in the Federal Register and on...more
Contractors learned many lessons from 2020-2022 on material/labor availability, price escalation, and contractual allocations of risk. Prudent contractors will consider this in contracts moving forward....more
Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the...more
Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more
Last year at this time, we reported on the prospect of a partial government shutdown due to Congress’s failure to enact appropriations legislation to fund all aspects of the government for Fiscal Year (FY) 2021. In that case,...more
I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note, I just read an article where other...more
Building on efforts that began in early in his tenure, Governor Murphy of New Jersey recently signed four bills into law that expand the power of the state to identify and combat alleged worker misclassification....more
In July 2019, the New Jersey Legislature amended and expanded the State’s wage-hour laws to give the enforcing agency the power to stop an errant contractor, especially those doing prevailing wage work, from actually doing...more
A contractor is halfway through the (timely) completion of a project and the owner’s payment is late. Days, weeks go by, and now the contractor is incurring all the costs of the work without any compensation. It might be...more
Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin...more
On September 17, 2020, Governor Newsom signed AB 685 into law, further expanding and solidifying legislation created in response to the COVID-19 pandemic. The law will become effective as of January 1, 2021. ...more
On September 17, 2020, California doubled down on its efforts to keep non-remote employees safe from COVID-19 exposure. Governor Newsom signed AB 685, new legislation that allows the state to track COVID-19 cases in the...more
While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610. Agencies made relatively little use of their Section 3610 authority...more
As always, PilieroMazza’s primary focus is to keep our clients, resource partners, and the business community at large informed on how our attorneys can help you address your business and legal concerns. With coronavirus...more
The New York City Department of Buildings (DOB) previously issued a restart guidance for resumption of construction. Pursuant to the guidance, construction projects subject to permits issued by the DOB, or otherwise...more
The New York City Department of Buildings announced that starting Wednesday, July 8, 2020, it would resume issuing violations and penalties of $5,000.00 per violation with the potential for a Stop Work Order for sites which...more
The financial relief offered to contractors under Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is limited to contractors who: 1) cannot perform work at their approved sites due to site...more
New Jersey Governor Phil Murphy last week signed into law several bills aimed at combating the misclassification of workers as independent contractors rather than as employees. The new enactments expand the authority of the...more
For about 20 years, I have been the Connecticut Bar Association’s Labor and Employment Law Section Legislative Liaison, and since I have been at Pullman & Comley, I have written in this blog about developments at the...more
As the Novel-Coronavirus (“COVID-19”) continues to cause disruption to every aspect of society, the business world and the economy-at-large, nearly every country, state and county has issued unique lockdown,...more
The impact of COVID-19, the ensuing delays and changes in the work, protecting the contractor’s cash flow, and avoiding a default termination are now top of mind for every construction contractor. ...more