News & Analysis as of

Construction Industry State Labor Laws

Miller Nash LLP

[Webinar] Construction Series—Navigating Oregon's New Construction Labor Payment Law (SB 426) - August 20th, 8:30 am - 9:30 am PT

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Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly...more

Tonkon Torp LLP

Oregon Property Owners Should Beware of New Law on Contractor Wage Liability

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Would you like to pay three times for the same work? If you are a property owner entering into a construction contract with a contractor, you may be required to do just that. Senate Bill 426, passed by the 2025 Oregon...more

Jackson Lewis P.C.

California Construction Employers May Rely On Legal Exemption To Drug Test for Marijuana

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California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

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California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...more

Amundsen Davis LLC

Another Illinois Prevailing Wage Act Update: CCTV Inspection of Sewer Pipes Is Now Covered Work

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In handling thousands of disputes and controversies under Illinois’s ever-expanding prevailing wage law for 25 years, there are no surprises anymore—particularly over these past several years where we have seen the Illinois...more

Husch Blackwell LLP

Minnesota Employment Law: 2025 Legislative Session Update

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The Minnesota Legislative 2025 Session and one-day Special Session 2025 ended last month with the passage of an omnibus bill that contained several provisions changing the employment law landscape for employers with employees...more

Amundsen Davis LLC

Illinois Prevailing Wage Update: Failure to Timely File a Certified Payroll Means Individual Liability, Debarment, and Financial...

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The Illinois Prevailing Wage Act (IPWA) is a union-backed law that places enormous burdens on construction contractors, developers, property owners, and public bodies throughout Illinois. It’s extraordinarily confusing,...more

Davis Wright Tremaine LLP

It's Official: In Oregon, Owners and Contractors Can Be Held Responsible for Unpaid Wages of Employees of Subcontractors

On May 29, 2025, Oregon Gov. Kotek signed into law SB 426 relating to unpaid wages of employees of contractors and subcontractors on construction projects in Oregon. This new wages law will be added to and made a part of ORS...more

Foley & Lardner LLP

Be Aware of Liability for Prevailing Wage Requirements, Which Can be Significant!

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A recent case filed in the United States District Court for the Eastern District of Pennsylvania, Lipinski and Taboola v. North-East Deck & Steel Supply, Civ Action No. 5:25-cv-1467, should remind all contractors and...more

Husch Blackwell LLP

Sentence Handed Down in Minnesota’s First Felony Conviction for Criminal Wage Theft

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Last week, a Hennepin County judge sentenced an employer following a first-of-its-kind criminal conviction for wage theft in Minnesota. Since its enactment in 2019, Minnesota’s Wage Theft Prevention Act has imposed stringent...more

Littler

Oregon Enacts Landmark Law Making Owners and Contractors Liable for Subcontractor Wage Theft

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On June 9, 2025, Oregon enacted Senate Bill 426, a significant new law aimed at protecting construction workers from wage theft by imposing strict joint and several liability on both property owners and direct contractors for...more

Cole Schotz

Federal Court Limits a General Contractor’s Liability For Its Subcontractor’s Unpaid Union Benefit Contributions Under New York’s...

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On January 4, 2022, Labor Law §198-e – known as New York’s Wage Theft Law – went into effect. The Wage Theft Law, which applies to private construction projects, makes the prime/general contractor responsible for unpaid wages...more

Schwabe, Williamson & Wyatt PC

OP-ED: Addressing Wage Theft Issues in the Construction Industry

In Oregon, unpaid workers can sue their employers directly or file administrative complaints with the U.S. Department of Labor or its state counterpart, the Oregon Bureau of Labor and Industries (BOLI). Workers often file...more

Stoel Rives LLP

Reproposed Oregon Legislation 2025

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The 83rd Oregon legislative session is nearing its end and there are several employment bills still under consideration. Though nothing has been signed into law yet, these bills have the potential for major impacts on...more

Carr Maloney P.C.

When is an injured worker’s own conduct a defense to liability under New York’s Scaffold Law?

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In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more

Marshall Dennehey

Did the Cat Move the Ladder?

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Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Stoel Rives -  Ahead of Schedule

Oregon Senate Bill 426 Would Make Owners and Prime Contractors Liable for Unpaid Wages Owed by Those They Hire

Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature....more

Weintraub Tobin

California Cracks Down on Contractor Licensing Violations

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The California Contractors State License Board (CSLB) has long warned against the dangers of “renting” a qualifier—where a licensed individual allows their name and license to be used by a construction company without...more

Davis Wright Tremaine LLP

Oregon Governor's Executive Order Regarding Project Labor Agreements (PLAs) for State Construction Projects

Oregon Governor Tina Kotek issued Executive Order No. 24-31, titled "Establishing Project Labor Agreements[1] for State Construction Projects" ("EO 24-31" or "Order"), on December 18, 2024. On December 31, 2024, the...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

Schwabe, Williamson & Wyatt PC

Kotek Provides Additional Guidance on Executive Order Mandating PLAs

On December 18, 2024, Oregon Governor Tina Kotek issued Executive Order No. 24-31 (the “PLA Executive Order”). Under the order, Governor Kotek directed state agencies to require Project Labor Agreements (“PLAs”) for nearly...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your January To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Conn Maciel Carey LLP

Cal/OSHA Year End Roundup: Revised Silica Regulation Passes and More

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With 2024 coming to a close, here is a roundup of Cal/OSHA updates from the recent Standard Board meetings and Cal/OSHA’s triannual advisory committee meeting:...more

Buchalter

New Year, New Rules: Turning Up the Heat on California’s 2025 Employment Law Changes

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As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more

Littler

New York State Public Work Contractor Registration Requirement Takes Effect December 30, 2024

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Contractors and subcontractors that perform work on projects subject to Article 8 of the New York Labor Law must register with the New York State Department of Labor (NYSDOL) on or before December 30, 2024. Article 8 of the...more

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