Risk Prevention Strategies: Avoiding Costly FLSA Missteps
What Should I Do If My Employer Failed to Pay Me Wages?
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
I do a lot of prevailing wage defense and am always interested in developments in this nuanced area of wage-hour law. I have noticed a trend lately that States (e.g. New York have been legislating into effect laws that...more
New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more
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
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
It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than...more
This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more
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
With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2018. Effective January 1, 2018, California’s Fair Pay Act will extend...more
• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more
2017 has been a busy year for the California legislature, with the result that a number of new and significant employment laws have been added to the books and will take effect on January 1, 2018. Employers should take note...more
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
California enacted Assembly Bill 1701 on October 14, 2017, which adds section 218.7 to the California Labor Code. It applies to contracts entered into after January 1, 2018 for private construction projects....more
On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more
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
Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more
Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus...more