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Proposed Changes to EPA’s Stormwater Permit for Construction Sites

The Environmental Protection Agency (EPA) recently announced its intention to modify the 2017 National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Stormwater Discharges (2017 CGP). EPA implements the 2017 CGP in states and territories that have not yet received authorization to implement the NPDES Stormwater program. Primarily, this includes New Hampshire, Massachusetts, Puerto … Continue Reading

OSHA Clarifies Position On Anti-Retaliation Rule

As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual relationships on a construction project. To address these concerns, construction industry employers often implement incentive programs to award both the reporting of … Continue Reading

NLRB Pursues Rulemaking to Address Joint-Employer Standard

Whether a general contractor or subcontractor is a joint employer with another company on a construction project for purposes of the National Labor Relations Act can have significant legal and practical consequences, including, but not limited to, potential union bargaining obligations, liability for unfair labor practices committed by a joint employer, and potential impact on … Continue Reading

Oral Argument Preview: G4S Technology LLC v. Mass. Technology Park Corp.

The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation. The dispute arises out of a $45 million public works project to build a 1200-mile fiber optic network bringing high speed Internet access … Continue Reading

Are Construction Project Supervisors Exempt from the FLSA’s Overtime Requirements?

The Answer:  It depends on the facts and circumstances of each case. However, two recent reissued opinion letters from the United States Department of Labor’s Wage and Hour Division (WHD) provide construction companies with guidance regarding the issue of whether project superintendents and project supervisors are exempt administrative  employees under the Fair Labor Standards Act … Continue Reading

The Drone Economy in the Construction Industry

Drone data is used in construction (3-D mapping, site surveying), agriculture (crop mapping), energy (solar and wind turbine monitoring), insurance (roof inspections), infrastructure (inspection), communications (damage assessments) and countless other industries. These industries, and more, have long sought data ‘from above,’ generally from satellites or airplanes, but drones are better sensors in the sky. Drones … Continue Reading

The Enforceability of Mechanic’s Liens in Bankruptcy is Dependent on State Law

In a recent decision by the Third Circuit Court of Appeals, the Court held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed for bankruptcy, was voidable. In re Linear Electric Co., No. 16-1477 (3rd Cir. March 30, 2017).  Specifically, the … Continue Reading

Maryland Sheriff’s Office Recovers Stolen Construction Goods Through Drones

Last week, Maryland’s Cecil County Sheriff’s Office used an unmanned aerial vehicle (UAV) to recover nearly $400,000 worth of stolen construction equipment, which also led to the arrest of the culprit. The New Jersey State Police, Pennsylvania State Police and Delaware Fish and Wildlife Natural Resources Police were all investigating this case—the construction equipment had … Continue Reading

District Court Preliminarily Enjoins Majority of Department of Labor “Fair Pay and Safe Workplaces” Final Rule

On October 24, 2016, the U.S. District Court, Eastern District of Texas preliminarily enjoined the majority of the Department of Labor’s Final Rule implementing President Barack Obama’s Executive Order 13673 that imposed reporting requirements of specified labor law violations on federal government contractors and subcontractors. The Executive Order provided that contractors and subcontractors for federal … Continue Reading

President Barack Obama’s Labor Day Gift to Labor: Paid Sick Leave for Employees on Federal Contracts

This week’s post is brought to us by Peter Dagostine, our colleague in Robinson+Cole’s Labor, Employment, Benefits + Immigration Group. President Obama signed an Executive Order, on Labor Day earlier this week, requiring federal contractors and subcontractors to provide employees with up to seven days or more of paid sick leave per year. Employer Requirements … Continue Reading
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