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
Back to Basics: Tennessee Lien Law PART 3
In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language” and Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law POST 3 of 4 (Notice Requirements) In the first two posts in this series, Speaking the Lien … Read More
Back to Basics: Tennessee Lien Law PART 2
In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee lien law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language.” Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law Post 2 of 4 (Lien on What?) Under Tennessee lien law, a lienor may assert a lien when it performs work or furnishes … Read More
Earn CLE and PDH with Tennessee Construction Lawyers
It’s that time of year. Thanksgiving is nearly upon us and Christmas is just around the corner, which means one thing: it’s time to make sure you have earned enough CLE and PDH before it is too late. Take a break from the holiday stress and earn your remaining CLE or PDH with us. Join Tennessee Construction Lawyers Steve Barton, Jimmy Duckworth, … Read More
Back to Basics: Tennessee Lien Law
Back to Basics: Tennessee Lien Law Post 1 of 4 (Speaking the Lien Language) Arguably, the most important aspect of any construction project is not the construction itself but ensuring the contractor receives payment. If a contractor does not receive payment, the contractor may assert a mechanics’ and materialmen’s lien against the project and sell the underlying property to satisfy … 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
The Gatlinburg Wastewater Treatment Plant Failure
Many people in the construction industry in Tennessee, and throughout the U.S., heard about the tragedy that occurred in April 2011 at the Gatlinburg Wastewater Treatment Plant (“Gatlinburg WWTP”) in East Tennessee. However, the way in which the failure occurred should be a clear example for designers and contractors when making changes in the field that can impact the structural integrity … 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
Death Knell for Local Hiring Law?
Last week, Mayor Barry delayed implementation of Nashville new local hiring law citing concerns from labor and industry groups. Following on the heels of the Mayor’s announcement, Herbert Slatery, Tennessee Attorney General, issued a formal opinion and found the local-hire amendment violated Tennessee’s contractors licensing laws. The AG determined the Tennessee Contractors Licensing Act of 1994 prohibited counties and municipalities from … Read More
Nashville Local Hire Law Delayed
Yesterday, new Nashville mayor Megan Barry delayed the implementation of the new local hire law. The mayor’s decision comes as a bit of a surprise following her public support of the measure during the election, despite strong opposition from former Mayor Karl Dean, contractors and trade organizations and the Chamber of Commerce. Although the new rule was set to be written … Read More