News & Analysis as of

Wage and Hour Contractors Employer Liability Issues

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

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The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

PilieroMazza PLLC

Construction Industry Wage-and-Hour Issues: 6 Tips for Laying a Foundation of Compliance

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The construction industry feeds a significant part of the U.S. economy, providing millions of short- and long-term jobs across the country on an annual basis. Since the passage of the Infrastructure Investment and Jobs Act in...more

Littler

Unions Get OK to File Prevailing Wage Claims on Behalf of Workers in New Jersey Regardless of Whether They Are Members

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On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Seyfarth Shaw LLP

Navigating the New World of Work: Is Contracting on the Way Out?

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Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

Cohen Seglias Pallas Greenhall & Furman PC

Don’t Get Exposed: Limiting Your Liability Under Prevailing Wage and Hour Laws

4e construction industry has faced a skilled labor shortage over the past several years. One study found that the number of workers ages 25-54 dropped 8% over the last decade. At the beginning of 2022, one predictive model...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 1, January 2023

Contech Trends to Watch in the New Year - “As builders adapt to economic, supply chain and labor challenges, they’re turning to technology to boost performance.” Why this is important: All of the turmoil of 2022 (the...more

Bowditch & Dewey

Connecticut Private Employer Law Update

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The 2022 Regular Session of the Connecticut General Assembly produced several laws governing the private employment sector. This article summarizes the major points of those laws....more

Venable LLP

Don't Get Nailed: How General Contractors May Avoid Getting Hammered Under New York's Construction Wage Theft Law

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As you know - in a move dramatically expanding wage liability for most construction contracts created or modified on or after January 4, 2022 - the New York State legislature amended the Labor Law last year to hold a general...more

Proskauer - Law and the Workplace

New York Legislates Joint Wage Liability for Construction Industry Contractors

On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its...more

Sands Anderson PC

New Law Adds Substantial Penalties for Wage Violations and Makes General Contractors Liable for Subcontractor’s Payment of...

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New legislation effective July 1, 2020 amends Virginia Code § 40.1-29, which governs employer liability for payroll violations, and enacts a new section, Virginia Code § 11-4.6, which deems general contractors to be employers...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Saul Ewing LLP

New Maryland Law Makes General Contractors Liable for Paying Their Subcontractors’ Employees

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At the tail-end of the 2018 legislative session, the Maryland General Assembly passed Senate Bill 853, making construction general contractors jointly and severally liable for the failure of their subcontractors to pay their...more

Manatt, Phelps & Phillips, LLP

Employment Law - March 2018 #2

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...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

Faegre Drinker Biddle & Reath LLP

California Employers: Know and Comply With New Laws Affecting Your Business in 2018

Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers. The new laws address several topics, including: - Broader gender-related discrimination,...more

Conn Maciel Carey LLP

2018 Legislative Update for California Employers

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California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2018

2017 has been a busy year for the California legislature, with the result that a number of new and significant employment laws have been added to the books and will take effect on January 1, 2018. Employers should take note...more

Weintraub Tobin

General Contractors Now Liable In Private Construction For Wage And Fringe Benefit Liabilities Of Subcontractors

Weintraub Tobin on

On October 14, 2017, California Governor Jerry Brown signed AB 1701. This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors. This law applies to all contracts entered...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

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On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Haight Brown & Bonesteel LLP

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

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

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

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

Davis Wright Tremaine LLP

New Law Makes California Businesses Liable to Workers Supplied by Labor Contractors

Effective Jan. 1, 2015, businesses will be directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or...more

Mintz - Employment, Labor & Benefits...

Fail to Pay Wages in D.C. and Get Sued With Some of Your Closest Friends (and Contractors)

If you are a D.C. employer, temporary staffing agency, contractor or subcontractor, you have yet another wage and hour law to contend with: The Wage Theft Prevention Amendment Act of 2014. Among other things, the law...more

Orrick - Employment Law and Litigation

New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing...

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires...more

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