Before publishing this post, I confirmed that my clients were indeed still in business and planned on business as usual this week. Despite doomsday like proclamations, Thursday’s NLRB decision in Browning Ferris Industries, which revised the test for finding joint employer status, did not end the construction business as we know it. The Board’s decision… Continue Reading
In a rare blow to Big Labor, on August 17, 2015, the NLRB affirmed an ALJ’s denial of a claim that a non-union electrical contractor was the alter ego of a closed union firm. In Deer Creek Electric, Inc. and Black Hills Electric, Inc., an IBEW local brought a claim against a non-union firm claiming… Continue Reading
On July 28, 2015, the Pennsylvania Supreme Court agreed to consider an appeal from a Superior Court opinion involving the Pennsylvania Contractor and Subcontractor Payment Act. To call the case significant is an understatement because if the Supreme Court overturns the Superior Court, agents and principals of real estate development entities will become personally liable… Continue Reading
A few weeks ago, I posted about a spat of DBE fraud cases that the Department of Justice announced in June. That post mentioned the trend among prosecutors to use the civil false claims act to combat DBE fraud. Yesterday, the United States Attorney for the Northern District of New York announced yet another DBE… Continue Reading
Cyrus R. Vance Jr., the Manhattan district attorney, also announced the creation of a task force to help identify and prosecute corruption and fraud in the construction business.
In 2012 and 2013, a Philadelphia apartment developer was subjected to an unrelenting assault by the Philadelphia Building and Construction Trades (a division of the AFL/CIO) for its decision to construction an apartment building in Philadelphia using a mixed work force of union and non-union labor. An Order entered by the Third Circuit Court of Appeals… Continue Reading
Labor law in the building and construction industry is unique, both practically and legally. Understanding the nuances will not only assure you are complying with the law, but will help your projects come in on time and on budget. Attorney Wally Zimolong will cover industry topics and trends including the pitfalls of misclassifying workers as… Continue Reading