Construction Law Blog

On February 22, 2024, a federal judge in Texas issued a ruling delaying the implementation of the National Labor Relations Board’s new rule on joint employers. The rule—which will now be effective March 11, 2024—expands the current standard for determining joint-employer status. This expansion means that more employers will likely be subject to responsibilities and liabilities associated with workers who were not previously considered their employees.

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard (ETS) which requires large employers to implement certain vaccination or testing policies and other measures to protect employees from the spread of COVID-19. OSHA contemporaneously issued helpful FAQs.    

In an article published May 28 in Construction Executive, Jaime Wisegarver details guidance from the U.S. Department of Labor (DOL) related to the compensability of travel time for non-exempt employees. While the question of whether businesses are required to pay employees for travel time continues to plague employers, the DOL opinion letter addresses the issue for non-exempt foremen and laborers in three scenarios.

Virginia’s progression toward becoming one of the most employee-friendly states in the country continues with Governor Northam’s recent signing of the Virginia Overtime Wage Act (“VOWA”). The law goes into effect July 1, 2021, so Virginia employers need to take note quickly. 

The General Assembly, in its 2020 session, passed new legislation (codified at new Virginia Code §11.4-6 and in amended and reenacted Virginia Code § 40.1-29) that makes Virginia general contractors jointly and severally liable for its subcontractors’ employee wages if the general contractor knew or should have known that the subcontractor was not paying its employees. The new law goes into effect on July 1, 2020.

As cases of COVID-19 multiply across the country, with new restrictions being handed down from all levels of government on a daily and hourly basis, companies large and small face a variety of challenges in keeping their employees safe while at the same time maintaining business operations. While seeking good employment law counsel is critical as questions arise, below are ten tips for addressing personnel issues in your workplace. 

On March 18, 2020, the President signed into law the Families First Coronavirus Response Act (“FFCRA”). This new legislation contains a number of components designed to address the current COVID-19 pandemic, but two aspects of the FFCRA related to emergency sick leave and emergency family and medical leave will be of immediate concern to many employers. Below are answers to key questions for private employers about the FFCRA leave requirements. For specific applications of these new requirements to your workforce, when in doubt, consult experienced counsel.

We have previously reported on two bills that would have repealed Right to Work in full (HB153, Del. Lee Carter) and in part (SB426, Sen. Richard Saslaw). Both of these bills have failed in the General Assembly and will not become law. HB153 failed to pass the House Appropriations committee when that committee refused to schedule a vote on the bill before Crossover, the date by which all House bills must be heard in the House (and all Senate bills must be heard by the Senate). The Senate Bill was passed by indefinitely in the Senate Commerce and Labor committee, which means the bill will not be taken up by the Senate before crossover. 

On January 12, 2020, the Department of Labor (DOL) announced a final rule to revise—and narrow—the definition of “joint employer” under the Fair Labor Standards Act (FLSA). Whether or not a company is a joint employer is a question that contractors who use staffing agencies, franchise businesses, and firms that outsource services should be asking themselves. In recent years, a growing number of Americans have found themselves in these types of work arrangements. A contractor or franchisor who is determined to be a joint employer can end up on the hook for wages that were ...

As Democrats have now taken control of Virginia’s legislature, legislators and pundits have begun to debate repealing Virginia’s Right to Work law.  Delegate Lee Carter of Manassas has filed a bill that would repeal Right to Work, House Bill 153. What is Right to Work and what could a repeal of the law mean for you?