News & Analysis as of

Joint Employers Construction Industry

Stoel Rives -  Ahead of Schedule

Oregon Senate Bill 426 Would Make Owners and Prime Contractors Liable for Unpaid Wages Owed by Those They Hire

Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature....more

Neal, Gerber & Eisenberg LLP

Top Twelve Trends to Monitor in the Hospitality Industry in 2025

The hospitality industry will need to focus on several key areas to ensure compliance and minimize risk in the year ahead, including data privacy and cybersecurity protections, employment and labor law compliance, and even...more

Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

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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

Frantz Ward LLP

EEOC Continues Its Focus on Construction Employers with New Anti-Harassment Guidance Directed Specifically at the Industry

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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

Jackson Lewis P.C.

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Impact of Labor Board’s New Joint-Employer Rule on Construction Industry

Jackson Lewis P.C. on

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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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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

Amundsen Davis LLC

Keep Calm And Be Cautiously Optimistic – Recent NLRB Developments

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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

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

Beltway Buzz - September, 2018 #2

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

Baker Donelson

New Maryland Law Makes Construction GCs Liable for Subcontractors' Wage and Hour Violations

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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

Sheppard Mullin Richter & Hampton LLP

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

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

Robinson+Cole Construction Law Zone

The Trump N.L.R.B. Gift Giving Season

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

Haynsworth Sinkler Boyd, P.A.

Court Finds General Contractor Liable For Subcontractor’s Employees

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

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

Williams Mullen

When Are Your Subcontractor's Employees Your Employees?

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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

Williams Mullen

Money, Dirt and Steel: Spring 2017

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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

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

Ward and Smith, P.A.

Joint Employment: Are Your Subcontractors Leaving You at Risk?

Ward and Smith, P.A. on

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

FordHarrison

Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

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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

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

Foley & Lardner LLP

Another Joint Employer Test Makes Its Debut

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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

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

Spilman Thomas & Battle, PLLC

Labor & Employment Hot Topics Impacting the Construction Industry

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

Laner Muchin, Ltd.

Union Election Ordered After NLRB's Joint-Employer Ruling Regarding Construction Company And The Temporary Staffing Agency Which...

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In a recent decision, the National Labor Relations Board (NLRB) followed its controversial August 2015 joint employer ruling known as Browning-Ferris, in which the NLRB expanded its standard on joint employers to include...more

Buchalter

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

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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

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