Client Alerts & Publications
NLRB Issues Final Rule Providing Clarity on the Factors Governing Joint-Employer Status
Authors: Aaron C. Schlesinger,
Published Date: March 2, 2020
On February 26, 2020, the National Labor Relations Board issued its final rule governing joint-employer status under the National Labor Relations Act (NLRA). The final rule restores the joint-employer standard that was applied for several decades prior to the 2015 decision in Browning-Ferris, giving greater clarity and guidance. The new rule will benefit employers in the construction industry who utilize paymaster [...] Read More
FY2021 H-1B Lottery: An In Depth Look at the Major Changes on the Horizon
Published Date: February 5, 2020
NYC Design-Build Law: Lowest Bid No Longer Ensures a Win
Authors: Paul Monte,
Published Date: January 21, 2020
Thanks to the newly minted “New York City Public Works Investment Act,” seven NYC agencies have been granted the authority to use a Design-Build Contract model when putting their construction projects up for bid. This approach, in which one contract outlines both design and construction requirements, is meant to cut project costs and reduce timetables to completion. While agencies believe [...] Read More
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
