Client Alerts & Publications
DISASTER REMEDIATION CONTRACTS: Understanding the Law to Avoid a Second Disaster
Published Date: October 14, 2017
In the aftermath of Hurricane Harvey, consumers and contractors should be aware of protections prescribed by the Texas Legislature for Disaster Remediation Contracts. Chapter 58 of the Texas Business and Commerce Code includes several important consumer protections. Consumers should be aware of these protections, and contractors should take care to avoid inadvertent violations. This statute applies to a contractor engaged [...] Read More
Seventh Circuit Speaks Out on Sexual Orientation Claims Under Title VII
Authors: Edward O. Pacer,
Published Date: October 14, 2017
On April 4, 2017, the Seventh Circuit Court of Appeals issued an en banc decision that was the first of its kind, holding that workplace discrimination that is based on sexual orientation violates the dictates of Title VII of the Civil Rights Act of 1964. Although some individual states have prohibitions against discrimination in the workplace based on sexual orientation, [...] Read More
Florida Legislative Changes Affecting the Construction Industry
Authors: Melinda S. Gentile,
Published Date: October 14, 2017
The 2017 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session, most notably SB 204/HB 377. These Bills may impact General Contractors and Construction Managers in a number of ways, not the least of which is the period of time that a cause of action may [...] Read More
New Law Impacting Florida’s Statute of Repose
Published Date: October 14, 2017
On June 14, 2017, Governor Scott signed House Bill 377 into law, clarifying that Florida’s ten-year Statute of Repose commences either when the work is completed or when final payment becomes due, whichever is latest. The new law resolves a problem for contractors created by a recent Florida court ruling that held the Statute of Repose to commence as late [...] Read More
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