News & Analysis as of

Employer Liability Issues Construction Industry

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

Phelps Dunbar

[Webinar] When ICE Arrives: Navigating Worksite Compliance and Enforcement Risks in a New Environment - July 29th, 10:00 am CDT

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Join us for a conversation covering the policy changes to labor and employment law since the government changed immigration compliance initiatives. We will discuss the worksite enforcement changes that impact your company and...more

Schwabe, Williamson & Wyatt PC

Kotek Signs the “Construction Wage Theft” Bill into Law

On June 9, 2025, Governor Tina Kotek signed SB 426 into law. The bill, set to become effective on January 1, 2026, follows the Oregon Legislature’s ongoing attempts to pass a “wage theft” bill imposing strict liability on...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

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

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Miller Nash LLP

Unpaid Wages? Under Oregon’s SB 426, Owners and General Contractors May Be on the Hoo

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If you’re an owner or general contractor on a construction project in Oregon, a new law passed just last week may make you liable to pay the wages and benefits of construction workers—twice. Senate Bill 426 significantly...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

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

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] From Violation to Deposition: The Legal Aftermath of an OSHA Incident - May 6th, 12:00 pm - 1:00 pm ET

For Construction Safety Week 2025, join Cohen Seglias and Signature Safety for a timely webinar that examines what happens when a jobsite safety incident leads to an OSHA violation—and ultimately, a deposition. In this...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with...

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Hosts Tina and Jennie are joined by their colleague, Maynard Nexsen labor & employment attorney Bridget Blinn-Spears, to discuss key employment and labor law issues for construction businesses. With construction sites being...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

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

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When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Bradley Arant Boult Cummings LLP

The Top 10 Things Every Employer Should Know About OSHA

In the evolving landscape of workplace safety regulations, it is essential for construction employers to stay well-informed about the Occupational Safety and Health Administration’s (OSHA) protocols and guidelines. Our...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2025

Welcome to our first 2025 issue of The Site Report! As we begin the new year, we look forward to bringing you insight into the myriad of legal, technological, code and other changes impacting the construction industry. In...more

Bennett Jones LLP

Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

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On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to...more

Bradley Arant Boult Cummings LLP

OSHA’s New PPE Fit Requirements for the Construction Industry

Effective December 12, 2024, the Occupational Safety and Health Administration (OSHA) finalized an update to its personal protective equipment (PPE) standard for the construction industry, emphasizing the importance of...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

Laner Muchin, Ltd.

Properly Fitting PPE Should Be At The Top Of The “To-Do” List For Construction Employers In 2025

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Recently, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a final rule  to require employers subject to construction standards to make available personal protective equipment...more

Morgan Lewis

Fair Wages, Fair Play: EU Enforces Antitrust in Labour Markets

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The European Commission (EC) has recently conducted unannounced antitrust inspections in the data centre construction sector, following concerns about potential collusion in the form of no-poach agreements. This investigation...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction Chronicles: OFCCP Issues Guidance on Combatting Harassment in the Construction Industry

On November 21, 2024, the Office of Federal Contract Compliance Programs (OFCCP) added to its library of contractor resources by publishing “A Guide to Combatting Harassment in the Construction Industry.” ...more

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