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

Lewis Thomason Annual Construction Law Seminar

“Subcontractors: In the Legal Trenches” On Friday, October 16, 2015, the construction attorneys from the Knoxville office of Lewis Thomason will present its annual Construction Law Seminar at Fox Den Country Club. Previous seminars have centered on topics such as General Contractors and Building Information Modeling (“BIM”). But, this year’s seminar topic is “Subcontractors: In the Legal Trenches.” While the … Read More

Federal Bill Introduced to Address NLRB’s Recent “Joint Employer” Ruling

On September 9, Tennessee Senator Lamar Alexander (R), along with 35 co-sponsors in the Senate and 25 co-sponsors in the House, filed legislation to force the NLRB to return to the decades old “joint employer” standard.  The NLRB overturned the prior standard on August 27 in Browning-Ferris Industries of California.  As recently discussed by LT lawyer Jason Pannu in this blog post, the … 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

Be Careful What You Wish For

Attorney’s fees are only recoverable if they are provided for by statute or in a contract.  This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration.  However, the Tennessee Court of Appeals found that under the rules of the American Arbitration Association, attorney fees may be awarded if sought by … Read More

False Claims Act liability doesn’t stop on the whistle

Failing to ensure certified payrolls are correct lead to a contractor owing three times the amount paid by the government under a construction contract.  The False Claims Act imposes liability on persons and companies that defraud the government.  Under the FCA, a “whistleblower,” frequently a current or former employee, may file a lawsuit on behalf of the government when someone … Read More

Failure to Serve Notice of Nonpayment Renders Lien Invalid

The Tennessee Court of Appeals affirmed Tennessee’s requirement that remote contractors (subcontractors, sub-subcontrators, material suppliers to a subcontractor, etc.) must serve notices of nonpayment on both the owner and prime contractor (the General Contractor).  In Diaz Construction v. Ind. Dev. Board of Metro. Gov’t of Nashville and Davidson County, a remote contractor appealed the trial court’s dismissal of its lien … Read More