News & Analysis as of

Subcontractors Employer Liability Issues

Stikeman Elliott LLP

Employers and Beyond: Human Rights and Accommodation Obligations May Extend to Site Owners, Contractors and Other Third Parties

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In MacKay v. Civeo Corporation and another, 2024 BCHRT 271, the British Columbia Human Rights Tribunal (the “Tribunal”) reaffirmed the principle that human rights protections in employment contexts extend beyond the...more

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

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

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

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 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

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

Fisher Phillips

What Businesses Need to Know About DEI in the Trump Era: FAQs for Employers

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The whirlwind first few weeks of the second Trump administration have left private employers with concerns and questions related to Diversity, Equity, and Inclusion (DEI) programs. In order to dispel myths and provide...more

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

What Federal Contractors and Grant Recipients Need to Know About EO 14173’s Certification and Nondiscrimination...

Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” creates new obligations that could carry significant risks for any organization doing business with the United States federal...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

Fisher Phillips

Trump Orders Feds to Combat “Illegal” Corporate DEI Programs: 5 Takeaways for Private-Sector Employers + What You Should Do Now

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President Trump just issued a far-reaching executive order targeting diversity, equity, and inclusion (DEI) initiatives in not only the federal government but also the private sector. The order directs federal agencies to...more

Bass, Berry & Sims PLC

President Trump Revokes Executive Order 11246

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“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more

Venable LLP

A Subcontractor's Employee Says the Government Customer Engaged in Harassment and Retaliation. Why Did the Prime Contractor Get...

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Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 10, October 2024

Welcome to our 10th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from the use of...more

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

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The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

PilieroMazza PLLC

Construction Industry Wage-and-Hour Issues: 6 Tips for Laying a Foundation of Compliance

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The construction industry feeds a significant part of the U.S. economy, providing millions of short- and long-term jobs across the country on an annual basis. Since the passage of the Infrastructure Investment and Jobs Act 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

Massachusetts Appeals Court Broadly Interprets “Joint Employment” to Hold Management Company Liable: 6 Steps to Minimize Your Risk

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The Massachusetts Appeals Court just rendered a decision that significantly broadens when one entity may be found to be a “joint employer” of another entity’s employees under state wage laws. The June 13 decision, coupled...more

Epstein Becker & Green

OFCCP Issues Workplace AI Guidance for Federal Contractors and Subcontractors

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In line with the mandates of President Biden’s Executive Order 14110, entitled “The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” and its call for a coordinated U.S. government approach to...more

McDermott Will & Schulte

Proposed Federal Contractor Rule Will Impose Pay Equity and Transparency

There are proposed amendments to the Federal Acquisition Regulation (FAR) that will change employment practices for federal contractors in two ways. First, these amendments will prohibit federal contractors from seeking and...more

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