News & Analysis as of

Wage and Hour General Contractors

DirectEmployers Association

OFCCP Week In Review: October 2023 #5

Wednesday, October 25, 2023: Senate Confirmed Nomination of Jessica Looman to Head US DOL’s Wage and Hour Division - Senator Sullivan Only Republican Voting in Favor - By a 51-46 largely party-line vote, the U.S. Senate...more

Fisher Phillips

4 Key Points for Construction Contractors as DOL Hikes Wages and Enhances Enforcement

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The Department of Labor released new Davis-Bacon Act regulations on August 8 that significantly alter the methodology for setting prevailing wage rates for contractors and subcontractors working on federally funded...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

PilieroMazza PLLC

[Webinar] Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors - May 17th, 2:00 pm - 3:00 pm ET

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Construction firms face a myriad of legal risks throughout a project’s life cycle. From compliance obligations to managing disputes, don’t miss this insightful discussion on the top 4 legal risks facing contractors working in...more

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

Denver Auditor’s Office Adopts New Civil Wage Theft Rules

In January 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that provided new avenues for workers in the City and County of Denver to pursue claims for wage theft....more

Fox Rothschild LLP

New Jersey Prevailing Wage Act Amended To Address Bidding Issue: What It Will Do

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I have handled more than one hundred prevailing wage cases, including dozens where the contractor allegedly violated the New Jersey Prevailing Wage Act (PWA). Many times, the employer will assert that it was unaware that the...more

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] Annual Construction Law Forum - November 10th, 10:00 am - 3:00 pm PDT

You are invited to join Procopio’s Construction & Infrastructure Law attorneys and guest industry speakers on Thursday, November 10, 2022, for an informative half-day webinar focused on the most pressing California...more

DirectEmployers Association

OFCCP Week In Review: August 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 Cynthia L. Hackerott. In today’s edition,...more

PilieroMazza PLLC

Recent Decision May Result in Significant Increase in Personnel Costs and Back Wage Liability for Companies Doing Work in Maryland

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On July 13, 2022, Maryland’s highest court issued a wide-reaching decision in Amaya v. DGS Construction, LLC that could have a substantial impact on personnel costs for companies doing business in Maryland. The unanimous...more

Fox Rothschild LLP

New Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In...

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I do a lot of prevailing wage defense and am always interested in developments in this nuanced area of wage-hour law. I have noticed a trend lately that States (e.g. New York have been legislating into effect laws that...more

Amundsen Davis LLC

New Changes to Illinois’ Wage Payment and Collection Law Seeks to Pressure General Contractors to Become Union Signatory

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On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #3

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 J. Chambers and Cynthia L. Hackerott. In today’s...more

Fox Rothschild LLP

Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action

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A favorite tactic of the New Jersey Department of Labor, in a prevailing wage case, where the subcontractor cannot pay the assessments, is to go “upstream” against the General Contractor or developer. Private companies can do...more

Fox Rothschild LLP

In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?

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I do a lot of prevailing wage defense, both of general contractors and subcontractors on construction projects. A difficult, very nuanced, very gray area of the law. One danger that lurks not that far under the surface is,...more

American Conference Institute (ACI)

[Event] Shutdowns Turnarounds Superconference - December 7th - 8th, Alberta, Canada

Canada’s leading event for the turnaround community is returning to Calgary! Focusing on the most pressing issues affecting the industry The Canadian Institute’s 20th Annual Shutdowns Turnarounds Superconference ensures you...more

Littler

New York’s General Contractors are Jointly Liable for Construction Worker Wages

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Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more

Rivkin Radler LLP

NY Law Now Holds GCs Liable for Subcontractors’ Labor Law and Wage Obligations

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On September 9, 2021, Governor Hochul signed into law a new wage protection statute which added a new section to the New York Labor Law. Section 198(e) holds construction contractors liable for all claims under Labor Law...more

DirectEmployers Association

OFCCP Week In Review: September 2021

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

Proskauer - Labor Relations Update

Second Circuit Adopts “Contract Coverage” Standard as Governing Standard for Unilateral Changes

The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more

Williams Mullen

New Virginia Prevailing Wage Law Now in Effect For State Contractors

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On May 1, 2021, the Virginia Prevailing Wage Law (the “Law”), also referred to as the “Little Davis-Bacon Act,” became effective. The Law requires contractors and subcontractors working under any public contract over $250,000...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

Fox Rothschild LLP

NY Amends Proposed Construction Industry Wage Law, But Burden On Contractors Remains

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New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more

DirectEmployers Association

OFCCP Week In Review: May 2021

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

Jackson Lewis P.C.

General Contractors Can Face Increased Liability For Employment Actions Of Their Subcontractors

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While general or prime contractors have always faced the risk of liability for the actions or inactions of their subcontractors, an increase risk of state statutory liability for certain actions and inactions of...more

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