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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

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

The Social Security Administration’s “No-Match” Letters are Back, and Employers Must be Careful

Published Date: May 30, 2019

The Social Security Administration has resumed the issuance of “No-Match” letters to employers, creating a murky set of obligations to avoid fines or penalties in the event of a Homeland Security Investigations (“HSI”) audit, sometimes called a Form I-9 or worksite enforcement audit. Employers who receive “No-Match” letters should act swiftly and deliberately, not only to avoid the consequences of [...] Read More