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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

New York Requires Sexual Harassment Policies in Compliance with New Requirements to Be Distributed by Tuesday, October 9, 2018 (But Deadline Extended for Newly Mandated Training)

As we have written about previously, this past Spring the New York State Legislature and New York City Council adopted broad new requirements to combat workplace gender-based harassment. Adopted in April and May by the New York General Assembly and New York City Council, respectively, the sweeping sexual harassment laws represent a renewed and comprehensive … Continue Reading

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the Project – Should Sureties Be Concerned?

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than they might have expected. As of January 1, 2018, Assembly Bill 1701 makes general contractors liable for the … 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

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 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 single week, the NLRB returns to pre-Obama-Board standards and upends the apple cart. Each case was decided on a strict, party-line 3-2 … Continue Reading

New York Paid Family Leave Obligations for Construction Employers

Effective January 1, 2018, employees of construction employers (supplies, architects, contractors, and others) working in New York State may be eligible for paid family leave. The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and Medical Leave Act. The PFLL applies to all employees employed by private employers in the … Continue Reading

New York City’s Salary History Ban Takes Effect October 31

Effective October 31, 2017, New York City becomes another jurisdiction making it unlawful for contractors and other employers to ask most job applicants for information about their prior or current salary, compensation or benefits.  Adopted by the City Council earlier this year, the new law seeks to eliminate wage inequality experienced by women and minorities … Continue Reading
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