N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction site and establishes a violation of a specific and applicable Industrial Code regulation, both the owner and contractor will be
Worker Classification Continues as ‘Hot Topic’ for 2024
Below is an excerpt of an article co-authored by Labor and Employment Group lawyers Abby Warren and Jessica Pinto, which was published in the latest edition of PE magazine, the flagship publication of the National Society of Professional Engineers.
On January 10, 2024, the US Department of Labor (DOL) published a final rule…
Construction Employers Beware: New, Easier Union Representation Process
This week we are pleased to have a guest post by Robinson+Cole Labor Relations Group chair Natale V. DiNatale.
The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election. Initially, it is important to understand that this new standard…
WARNing for Companies—Complying With WARN Act Requirements During a Layoff
Below is an excerpt of an article published in Construction Executive on February 21, 2023 co-authored by Robinson+Cole Labor and Employment Group lawyers Abby M. Warren and Sapna K. Jain.
Since last fall, news of layoffs in the technology sector have set off a ripple effect in a variety of other industries. Companies engaging…
OSHA’s Multi-Employer Policy Continues to Ensnare the Construction Industry
Below is an excerpt of an article co-authored by Megan Baroni and Jon Schaefer and published in Construction Executive on June 28, 2022. Megan and Jon are partners in Robinson+Cole’s Environmental, Energy + Telecommunications Group.
Most contractors don’t know they can be cited for an OSHA violation even if their own employee is not exposed…
Review Pre-Employment Screening Processes Amid the Great Resignation
Below is an excerpt of an article published in Construction Executive on May 13, 2022 co-authored by Robinson+Cole Labor and Employment Group lawyers Abby M. Warren and Kayla N. West .
After nearly two years of managing the workplace through the nationwide COVID-19 pandemic, employers are being impacted by another significant challenge: the “Great Resignation,”…
Consider the H-1B Visa to Build Your Construction Industry Workforce
This post was authored by Megan R. Naughton, who is the co-chair of the Robinson+Cole’s Immigration Group.
Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International Students in Science and…
Mandatory Vaccination and Safety Protocols for Federal Contractors
This post was co-authored by Abby M. Warren and Emily A. Zaklukiewicz who are members of Robinson+Cole’s Labor and Employment Group.
Last month, President Biden issued an Executive Order which effectively imposes several COVID-19 safety standards and protocols, including mandatory vaccination, upon certain federal contractors and subcontractors. Specifically, the Executive Order directs federal agencies to incorporate a clause into all covered federal contracts which will require federal contractors or subcontractors to comply with guidance published by the White House’s Safer Federal Workforce Task Force (Guidance), and which was released on September 24, 2021. Under the Executive Order and Guidance, certain construction and other companies doing business with the federal government will soon be required to mandate vaccination for their workforces and ensure compliance with masking and social distancing requirements, among other requirements.
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OSHA Inspections in a Time of COVID-19
Below is an excerpt of an article co-authored by Megan Baroni and Jon Schaefer and published in Construction Executive on May 26, 2021. Megan and Jon are partners in Robinson+Cole’s Environmental, Energy + Telecommunications Group.
There are a number of best practices that an employer may wish to follow when faced with any Occupational Safety…
Are Employers Required to Pay For Employee Time Spent Receiving COVID-19 Vaccine?
This post was co-authored by Abby M. Warren, Alisha N. Sullivan and Emily A. Zaklukiewicz who are members of Robinson+Cole’s Labor, Employment, Benefits + Immigration Groups.
Although millions of people in the United States have been vaccinated since COVID-19 vaccine distribution began in December 2020, a large percentage of the population still remains unvaccinated. Many lawmakers and companies are brainstorming ways to remove barriers to individuals obtaining the vaccine, especially frontline workers who remain at a higher risk of COVID-19 exposure and infection. One such barrier is the time away from work that may be required to obtain the vaccination and the risk that the time will be unpaid. Many employers, including contractors, are questioning whether they must, or should, provide employees with paid time off for time spent related to obtaining the COVID-19 vaccine.
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