Client Alerts & Publications
AB5: New Requirements for Independent Contractor Classification, and Its Potential Impacts on the Construction Industry
Authors: Nathan A. Cohen,
Published Date: December 18, 2019
January 1, 2020 welcomes a new decade and ushers Assembly Bill No. 5 (“AB5”) into law in California, potentially impacting general construction contractors and subcontractors’ use of independent owner-operator truckers. Background On September 18, 2019, Governor Gavin Newsom approved and signed into law AB5, which will take effect on January 1, 2020. The California Legislature passed AB 5 with the [...] Read More
MTA Debarment Update
Published Date: November 27, 2019
Alliance for Fair and Equitable Contracting Today, Inc., a nonprofit formed by five trade associations, including the GCA, the BTEA and the NY Building Congress, has sued the Metropolitan Transportation Authority over rules that debar contractors for delays and cost overruns on MTA projects without regard to the reasons for the delays and cost overruns. As described in our prior [...] Read More
Ahead of the Storm: Preparing for Dorian
Published Date: August 30, 2019
While Hurricane Dorian churns in the Atlantic with its sights currently set on the east coast of Florida, storm preparations should be well underway. As you are busy organizing efforts to secure your job sites, we at Peckar & Abramson offer some quick reminders that may prove helpful: • Review your contracts, particularly the force majeure provisions, and be sure [...] Read More
Employers Beware: NJ Adopts Comprehensive Wage Theft Law
Authors: Kevin J. O’Connor,
Published Date: August 13, 2019
Employers in New York have, for years, dealt with a comprehensive wage theft law. Across the Hudson, New Jersey has now adopted what looks to be the most comprehensive wage theft law in the entire country. Employers are well advised to act quickly to ensure their pay practices are defensible to eliminate or reduce risk. Human resources professionals and managers [...] Read More
MTA’S New Debarment Powers Pose an Existential Risk (rev.)
Published Date: June 18, 2019
The normal project and contractual risks faced by contractors, consultants and suppliers to the Metropolitan Transportation Authority are considerable. A new law and regulations mandating that the MTA debar contractors, consultants and suppliers for unexcused schedule and cost overruns creates a new and unfair existential risk. The new law, Public Authorities Law Section 1279-h, slipped into the New York State [...] Read More
