News & Analysis as of

Joint Employers Subcontractors Construction Industry

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

Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Jackson Lewis P.C.

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

Jackson Lewis P.C. on

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an...more

Jackson Lewis P.C.

Impact of Labor Board’s New Joint-Employer Rule on Construction Industry

Jackson Lewis P.C. on

The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one...more

Baker Donelson

New Maryland Law Makes Construction GCs Liable for Subcontractors' Wage and Hour Violations

Baker Donelson on

Under Maryland wage laws, if an employer fails to properly pay its employees, it may be liable for up to three times the wages owed to the employee, plus attorneys' fees and costs. Employees may file a lawsuit against their...more

Sheppard Mullin Richter & Hampton LLP

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

Haynsworth Sinkler Boyd, P.A.

Court Finds General Contractor Liable For Subcontractor’s Employees

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor...more

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

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor...more

Williams Mullen

When Are Your Subcontractor's Employees Your Employees?

Williams Mullen on

In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be the “joint employers” of the subcontractor’s worker for Fair...more

Williams Mullen

Money, Dirt and Steel: Spring 2017

Williams Mullen on

When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more

Best Best & Krieger LLP

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Ward and Smith, P.A.

Joint Employment: Are Your Subcontractors Leaving You at Risk?

Ward and Smith, P.A. on

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

Brooks Pierce

Fourth Circuit Decision Opens the Door to Joint Employer Liability for Contractors - Could Your Company Be At Risk?

Brooks Pierce on

On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint...more

Foley & Lardner LLP

Another Joint Employer Test Makes Its Debut

Foley & Lardner LLP on

On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Snell & Wilmer

Under Construction - September 2015

Snell & Wilmer on

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Fisher Phillips

Look Out Below

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How Subs Can Cause Problems For General Contractors - The U.S. Labor Department (DOL) often sets its sights up the food chain, focusing enforcement efforts on general contractors (GCs) for the wage violations of their...more

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