Attention!: Contractors, subcontractors, architects, engineers, material suppliers, owners, anyone with employees. The United States Citizenship and Immigration Services released a revised version of the Form I-9, Employment Eligibility Verification on 17 July 2017. Employers may continue to use the old version of Form I-9 until tomorrow. However, starting on Monday, 18 September 2017, all employers must use the new version … Read More
Tennessee Contractor License Legislative Update
Tennessee contractors should be aware of a couple of upcoming changes to the Tennessee contractor license laws. House Bill 0906 / Senate Bill 0355 passed unanimously yesterday. Audited and Attested Financial Statements Currently, an applicant requesting a Tennessee contractor license with monetary limits of $1.5 million or greater is required to submit financial statements that are audited and attested to by … Read More
DOL Expands Definition of Joint Employment
On Wednesday, January 20, 2016, the U.S. Department of Labor’s Wage & Hour Division issued Administrator’s Interpretation No. 2016-1 that expands and explains the “joint employer” standard under the Fair Labor Standards Act (“FLSA”). Joint Employer It has been long established that an employee can have two or more employers for the work that he or she is performing under … Read More
OSHA Penalties to Increase Dramatically
The new bipartisan budget passed by both the House and Senate, and signed by President Obama on November 2, 2015, will increase the penalties issued by the Occupational Safety and Health Administration (OSHA) for the first time in over 25 years. Typically, federal agencies are able to raise their fines every year to keep pace with inflation but there was … Read More
New Pay Transparency Rule for Federal Contractors
Does your company have a policy that prevents your employees from discussing or disclosing their own pay or the pay of their co-workers? If you are a federal contractor or subcontractor, you better be aware of the new pay transparency rule that takes effect on January 11, 2016. This new rule comes from the Office of Federal Contract Compliance Programs … Read More
Employee or Independent Contractor?
Is the person working for your business an employee or independent contractor? It is an age-old question that could be costly for your business, if not handled correctly. In July, the United States Department of Labor (“DOL”) issued Administrator’s Interpretation No. 2015-1, which provided updated guidance on the misclassification of employees as independent contractors under the Fair Labor Standards Act … Read More
New OSHA Rule for Confined Spaces in Construction
Earlier this year, the Occupational Safety and Health Administration (OSHA) added a new rule to provide increased protections to construction workers working in confined spaces on construction projects. Confined spaces are things such as bins, pits, manholes, crawl spaces, sewers, HVAC ducts, tanks, etc. The new confined spaces standards went into effect on August 3, 2015. Although currently in effect, OSHA … Read More
New Executive Order Establishes Paid Sick Leave for Federal Contractor Employees
On Labor Day last week, President Barack Obama signed an Executive Order establishing paid sick leave for employees of Federal contractors. Under this Executive Order, certain Federal contractors will be required to provide to their employees up to 7 days of paid sick leave per year. Federal contractors performing procurement contracts for services or construction will be required to follow this … Read More
NLRB Changes Joint Employer Standard with Major Implications for General Contractors
The National Labor Relations Board (“NLRB”) recently issued its decision in Browning-Ferris Industries of California, Inc. In a 3-2 decision (along party lines), the NLRB changed the standard for who may be considered a joint employer under the National Labor Relations Act. In the construction industry, this decision could make it more likely that general contactors will be considered joint employers of … Read More
Recent Changes to the AAA Construction Arbitration Rules
The American Arbitration Association recently made some significant changes to its Construction Arbitration Rules. The Rule changes became effective July 1, 2015. Here are some of the highlights of the changes: R-7. Consolidation and Joinder: Requests to consolidate related arbitrations or join other parties to an existing arbitration must be submitted before the appointment of the arbitrator, or within 90 … Read More
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