News & Analysis as of

Construction Industry Labor Law Violations

Marshall Dennehey

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

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Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the...more

Hogan Lovells

German authorities intensify crackdown on undeclared work: Nationwide raids in the construction sector highlight compliance risks

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The German Customs Authority ("Zoll") recently conducted a large-scale enforcement action, targeting undeclared work, illegal employment, and potential minimum wage violations on construction sites across the country. This...more

Ervin Cohen & Jessup LLP

More PAGA Updates: LWDA Publishes FAQ; AB 1034 Extends Exemption for Construction Employees under CBA

This summer, California passed significant and much-needed legislation reforming the Private Attorneys General Act (PAGA), which permits individual employees to sue employers on behalf of themselves, other employees, and the...more

Harris Beach Murtha PLLC

NY Court of Appeals Addresses Labor Law § 200 “Means and Methods” Cases

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For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more

Fisher Phillips

California Extends PAGA Exemption for Unionized Construction Industry Employers – But You Need to Take Action to Qualify

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California Governor Newsom just signed legislation Saturday that will ensure certain unionized construction employers are completely exempted from PAGA lawsuits for the next 14 years. Thanks to AB 1034, construction employers...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Kennedys

New decisions could bring big changes: Recent trends in New York labor law

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The New York State Court of Appeals recently upheld three decisions in favor of defendants in cases involving alleged violations of Section 240(1) of the New York State Labor Law. Section 240(1) imposes strict liability on...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Spilman Thomas & Battle, PLLC

Construction Employers: Beware the Ides of March

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more

Proskauer - Labor Relations Update

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more

Seyfarth Shaw LLP

A Day Late and Potentially Many Dollars Short: NY Appellate Court OK’s Liquidated Damages in Late Payment Case

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Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more

Robins Kaplan LLP

Financial Daily Dose 8.30.2019 | Top Story: E-cig Company Juul Faces Federal Probes into Marketing and Health Concerns

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The FTC has opened a probe into e-cigarette maker Juul’s marketing practices, including allegations that the company “used influencers and other marketing to appeal to minors”....more

Seyfarth Shaw LLP

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

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Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

McNees Wallace & Nurick LLC

National Labor Relations Board Issues New Proposed Rules

On August 9, 2019, the National Labor Relations Board announced a Notice of Proposed Rulemaking.  The Notice, which was issued on August 12, 2019, covers three proposed rules.  A majority of the Board is proposing to change...more

Littler

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

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On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103.  The first...more

Snell & Wilmer

Subcontractor Wages: Closing the Loopholes

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This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more

Seyfarth Shaw LLP

United we stand. But lawfully.

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Trade union conduct is constantly changing, and our team have observed trends that are reshaping the boundaries, and that have already begun to impact our clients....more

Robinson+Cole Construction Law Zone

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...more

Stinson LLP

Controversial Fair Pay and Safe Workplaces Rule Partially Blocked

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On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S....more

Holland & Knight LLP

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

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Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the...more

Stinson LLP

What Federal Contractors Need to Know to Comply With Fair Pay & Safe Workplaces Rule

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On August 25, 2016, the federal government implemented Executive Order 13673, first put forth by the Obama Administration in 2014.Officially known as the Fair Pay & Safe Workplaces rule, and more commonly referred to as the...more

Littler

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

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On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

Bradley Arant Boult Cummings LLP

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

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