This post was co-authored with Jonathan Schaefer, who is a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Continue Reading OSHA’s COVID-19 Guidelines for the Construction Industry are Generally Consistent with New York State’s and New York City’s Existing Guidelines

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 program to end workplace sexual harassment.

In addition, the New York City Commission on Human Rights published a mandated sexual harassment poster, which is now required to be posted conspicuously, both in English and Spanish, in covered workplaces.
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)

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 (FLSA).
Continue Reading Are Construction Project Supervisors Exempt from the FLSA’s Overtime Requirements?