Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Residential Contractor Boot Camp
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Podcast: Owner’s Outlook: Managing Risks in an Ever-Changing Construction Environment - Diagnosing Health Care
Clocking in with PilieroMazza: DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know
Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors
Podcast: Owner's Outlook: National Trends in Construction Claims - Diagnosing Health Care
4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age
Podcast: Owner's Outlook: HCA's Clint Russell on Health Care Construction Pricing and Innovation - Diagnosing Health Care
8 Key Takeaways | Hot Topics in Construction Contracting
Podcast: Owner's Outlook: Maximize and Safeguard Reimbursement Through Design - Diagnosing Health Care
The ESG Report - From Sustainability to ESG in Construction with Tommy Linstroth
Podcast: Owner's Outlook: Renovating and Expanding Critical Access Hospitals in a Volatile Market - Diagnosing Health Care
Podcast: Owner's Outlook: Health Care Construction in a Period of Labor Shortages / Cost Inflation - Diagnosing Health Care
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
DE Under 3: Best Practices, Webinars & Communication – Straight from Government Agencies
DE Under 3: JD Supra Readers Choice Award; DE Talk Podcast; Federal Gov't Budget Bill & More
Podcast: Owner's Outlook: Vaccine Mandate for Construction Workers at Health Care Facilities - Diagnosing Health Care
Illinois AG Kwame Raoul settled with TBJ Drywall & Taping, Inc. (TBJ), resolving allegations that the company misclassified employees and failed to pay overtime wages in violation of state labor and employment laws....more
Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more
Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more
The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more
If you operate a construction business in Pennsylvania, and hire independent contractors, who you pay via 1099s, you could face criminal charges, and be forced to pay fines and restitution if these workers are not properly...more
Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.”...more
For many years, construction companies have been faced with the issue of whether they should treat a worker as an employee or independent contractor. Handling the issue incorrectly can have serious consequences. Various...more
Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies...more
Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more
The FTC has opened a probe into e-cigarette maker Juul’s marketing practices, including allegations that the company “used influencers and other marketing to appeal to minors”....more
Harrisburg has seen a number of proposed bills during the past few weeks, many of which will have significant legal impacts on the construction industry. On the top of the list is an anti-indemnity statute that would put...more
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
In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles...more
In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more
January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more
A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more
Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and...more
TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more
Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more
August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more
In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the...more
On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more
A recent decision by a federal district court in Maryland highlights the dangers in classifying individuals as independent contractors instead of employees. (Randolph v. PowerComm Construction, Inc.) In this case, the...more
Earlier this year, the U.S. Department of Labor (DOL) announced its 2015 Misclassification Initiative aimed at combatting misclassification of employees as independent contractors. At the top of its target list? Employers in...more
The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors. The guidance provides several examples of workers in the construction industry. ...more