On July 2, 2015, in the case of Gate Guard Services, L.P., v. Perez, Secretary of Labor, the U.S. Court of Appeals for the Fifth Circuit held that the Department of Labor’s (DOL) prosecution of a Fair Labor Standards Act (FLSA) case was so egregious, in both the investigation, processing…
Articles Posted in Construction Generally
OSHA’s Confined Spaces in Construction Final Rule Effective August 3
Confined spaces refers to such spaces as manholes, crawl spaces, and tanks, and other spaces that are not designed for continuous occupancy and are often difficult to exit in the event of an emergency. These spaces can present life-threatening hazards including exposure to toxic substances, electrocution, explosions and asphyxiation. These…
New York City Bars Employers From Considering Criminal History Before Extending A Job Offer
Today, Pillsbury attorneys Julia Judish and Ken Taber published their client alert titled New York City Bars Employers From Considering Criminal History Before Extending A Job Offer. This Alert discusses Mayor de Blasio’s recent approval of the Fair Chance Act, a new law that generally prohibits New York City employers…
Cal/OSHA issues high heat advisory for Sacramento Valley/Northern California
Today, Cal/OSHA issued a high heat advisory urging all employers and, in particular, employers in the Sacramento Valley and adjacent foothills to protect their outdoor workers from heat illness. It advised that temperatures are expected to rise to highs of 115 degrees through Friday morning. Information is available online (Heat…
Fall Protection: “I survived.”
The Washington State Department of Labor & Industries (L&I) recently posted on its L&I Blog a blog titled “I survived,” a cautionary tale about how fall protection saved a construction work from a 30′ plunge. In early May, Apollo, Inc. employee Tanner Kane was using a bar to pop forms…
Uber Hits a Speed Bump in California: Labor Commissioner Rules Driver is an Employee
Today, Pillsbury Paula Weber and Erica Turcios published their client alert titled Uber Hits a Speed Bump in California: Labor Commissioner Rules Driver is an Employee. This Alert discusses a recent decision that may signal a more stringent application of the test for determining independent contractor status. The California Labor…
DOL Invites Comments on Requirement That Bidders Disclose Employment Law Violations
Yesterday, Pillsbury attorney Julia Judish published her client advisory titled DOL Invites Comments on Requirement That Bidders Disclose Employment Law Violations. The Alert discusses President Obama’s Executive Order 13673, called the Fair Pay and Safe Workplaces Order; the Order uses the prospect of gaining or losing an edge in winning…
California Department of Insurance and Other Agencies Continue Efforts to Crack Down on “Thriving Underground Economy”
In late May, the California Department of Insurance (CDI) issued a press release announcing that it was involved in a multi-agency team that conducted a statewide outreach and enforcement effort targeting what it describes as a “thriving underground economy.” The enforcements teams included the Department of Industrial Relations, Contractors State…
California Amended Heat Illness Regulations Effective May 1
UPDATE: Cal/OSHA issued a high heat advisory today (June 16) advising employers to protect employees against the risks associated with heat illness. Temperatures are expected to be 15 to 25 degrees above normal in Southern California through Monday. California’s Heat Illness Prevention Regulation was amended effective May 1, 2015. This…
Go Build Tennessee Act Signed by Governor
Tennessee House Bill 24 was signed into law by Tennessee Governor Bill Haslam on May 20, enacting the Go Build Tennessee Act. The Act amend Title 4 and title 62, Chapter 6 of the Tennessee Code, and creates the “Go Build Tennessee Program”. The Program will be administered by a…