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
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 Equal Employment Opportunity Commission’s (“EEOC”) focus on harassment in the workplace – and construction employers specifically – is no secret. The EEOC’s Strategic Enforcement Plan (“SEP”) for 2024-2028 specifically...more
The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an...more
Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...more
The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
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
Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more
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
The National Labor Relations Board (NLRB) is taking more steps towards positive, significant change for private-sector employers:- Joint Employer Standard- CURRENT LAW: The Board may find that two or more entities are...more
NLRB Issues Joint-Employer Proposal. Whoa. Today, the National Labor Relations Board (NLRB) published a proposed rule regarding its joint-employer standard. The proposed rule would undo the Board’s 2015 Browning-Ferris...more
Under Maryland wage laws, if an employer fails to properly pay its employees, it may be liable for up to three times the wages owed to the employee, plus attorneys' fees and costs. Employees may file a lawsuit against their...more
As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more
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
In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor...more
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
In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be the “joint employers” of the subcontractor’s worker for Fair...more
When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more
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
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
The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act...more
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
On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more
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