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Employer Liability Issues General Contractors Subcontractors

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

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

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

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An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...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

Seyfarth Shaw LLP

EEOC Issues Anti-Harassment Guidance To Construction-Industry Employers

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Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued guidance tailored to the construction industry regarding compliance with anti-harassment laws. This lines up with our prediction in early 2024...more

Fisher Phillips

4 Key Points for Construction Contractors as DOL Hikes Wages and Enhances Enforcement

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The Department of Labor released new Davis-Bacon Act regulations on August 8 that significantly alter the methodology for setting prevailing wage rates for contractors and subcontractors working on federally funded...more

Cozen O'Connor

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA?

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The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...more

Seyfarth Shaw LLP

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

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Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

Littler

New York’s General Contractors are Jointly Liable for Construction Worker Wages

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Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more

Fox Rothschild LLP

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

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New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

Amundsen Davis LLC

Construction Picket Lines: What Union Workers Must Know

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As the 2021 construction season gets underway, and with an increasing number of construction projects being completed with a mix of union and non-union subcontractors, many workers have legitimate questions about their rights...more

Jackson Lewis P.C.

General Contractors Can Face Increased Liability For Employment Actions Of Their Subcontractors

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While general or prime contractors have always faced the risk of liability for the actions or inactions of their subcontractors, an increase risk of state statutory liability for certain actions and inactions of...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? To mask or not to mask

Dear YouDig?, Ok… this is getting ridiculous. We are a subcontractor working on a project for an “essential business.” We have emphasized the safety and government guidelines to our team members in light of COVID-19. To a...more

Miles & Stockbridge P.C.

New Virginia Construction Statute: General Contractors Can Be Liable to Pay Subcontractor’s Employee Wages

Last month, Virginia’s General Assembly enacted a new law that makes contractors on large construction projects liable for unpaid wages owed to their subcontractors’ employees. Senate Bill 838, codified at Virginia Code §...more

Payne & Fears

AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

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Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies...more

Snell & Wilmer

Reminder: Update Your California Skilled and Trained Workforce Compliance Procedures for 2020

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As we begin the new year, it is a good time to look at requirements that change from year to year. In this article we look at certain public works requirements in California. Many public works contractors are already aware...more

Snell & Wilmer

The Brave New World of Determining Independent Contractors in California

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California's Governor has signed into law a bill passed by the legislature amending Section 3351 of, and adding Section 2750.3 to the Labor Code and amending Section 606.5 and 621 of the Unemployment Insurance Code relating...more

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

Construction One-Minute Read: Illinois Fails to Make General Contractors Responsible for All Wages on Private Projects

The big legislative news in Illinois this spring concerned the passage of a law permitting marijuana for recreational use, beginning January 1, 2020. This development overshadowed other news affecting the construction...more

Laner Muchin, Ltd.

Occupational Safety & Health Review Commission Provides Guideposts For Avoiding “Controlling” Employer Liability On Multi-Employer...

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Under the Occupational Safety & Health Administration’s (OSHA) 1999 Multi-Employer Citation Policy, general contractors, construction companies, and other “host” employers can face liability for accidents involving...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Bradley Arant Boult Cummings LLP

General Contractors Working in Maryland: Amend Your Subcontract Form Now - Construction and Procurement Law News, Q4 2018

A new Maryland law – Md. Code, Lab & Empl., § 3-507.2 (the “Maryland Wage Payment and Collection Law”) – makes general contractors on public and private projects in Maryland liable for unpaid subcontractor employee wages,...more

Miles & Stockbridge P.C.

New Maryland Law Greatly Expands Contractor Liability Regarding Wage Payment and Collection

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On October 1, 2018, Maryland Senate Bill 853, also known as Maryland’s General Contractor Liability for Unpaid Wages Act, went into effect, expanding the liability of a general contractor on a construction project under the...more

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