Client Alerts & Publications
The NLRB’s Browning-Ferris “Joint Employer” Test is Subjected to Court Scrutiny
Authors: Aaron C. Schlesinger,
Published Date: October 14, 2017
The National Labor Relations Board’s definition of what constitutes a "joint employer," as expanded in the 2015 case Browning-Ferris Industries of California Inc., faced intense scrutiny during oral argument of an appeal of that decision this past Thursday before the D.C. Circuit Court of Appeals. Being deemed a "joint employer" has been of particular concern for separate unrelated businesses linked [...] Read More
New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors
Authors: Kevin J. O’Connor,
Published Date: October 14, 2017
Attacks on employers for alleged misclassification of workers—particularly independent contractors—are continuing unabated, and the risk of liability for employers operating in New York City just increased. New York City has just adopted sweeping regulations requiring written contracts with certain freelancers and independent contractors. Anyone doing business in that jurisdiction should take notice and take action to comply with the law. [...] Read More
Texas Legislative Update
Published Date: October 14, 2017
The marquee fight between Lt. Governor Patrick and Speaker Straus, otherwise known as the 85th Regular Legislative Session, concluded on May 29, 2017. While the political clash over the controversial "bathroom bill" will continue during the special legislative session, this article is intended to provide a brief summary of the construction-related bills that passed during the regular session and a [...] Read More
Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors and a Possible Trap for the Unwary
Published Date: October 14, 2017
New California legislation affecting public works contractors was adopted pursuant to Assembly Bill 626, sponsored by the Union Trade Contractors Association of California and endorsed by various trade and contractor associations including the AGC. AB 626, which was intended to assist contractors in presenting claims against public agencies, affords new opportunities, and some potential pitfalls, to contractors and subcontractors submitting [...] Read More
Risk Management and Contracting after Hurricane Harvey Suggestions to Avoid a Second Disaster
Authors: Curtis W. Martin,
Published Date: October 14, 2017
Peckar & Abramson attorneys have assisted contractors in the immediate aftermath of several Hurricanes. These include Andrew in 1992, Ike in 2008, and Sandy in 2012. Based on this experience, we offer some post-storm strategies for contracting and risk management in three situations: (1) ongoing projects in the area directly impacted by the storm; (2) projects remote from the storm-impacted [...] Read More
