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
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
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
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