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Construction Law Signal

Insights & Information on Current & Emerging Developments affecting the Construction Industry

Category Archives: Labor & Employment

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Philadelphia Becomes First City to Prohibit Employers from Inquiring About Prospective Employees' Past Earnings

Posted in Labor & Employment, Pennsylvania
Human resources management conceptOn January 23, 2017, Philadelphia Mayor Jim Kenney signed into law a wage equity ordinance that makes it unlawful for an employer in the city of Philadelphia to ask about the wage history of a prospective employee at any stage of the hiring process. Under the new law, an employer may not condition employment on… Continue Reading

Federal Judge Blocks DOL Overtime Rule

Posted in Labor & Employment
Working LateOn November 21, 2016, a federal judge in Texas issued a nationwide injunction blocking the Department of  Labor’s new overtime rule, which sought to expand the obligations of employers to pay overtime by, among other things, doubling the minimum salary threshold for the “white-collar” exemption under the FLSA. The decision brings relief to employers who… Continue Reading

Does your Employee Handbook stand up to the Supreme Court's latest decision about accommodations for pregnant workers?

Posted in Business, Compliance, Labor & Employment
Employee BenefitsIn a recent U.S. Supreme Court case about pregnancy discrimination, Justice Breyer asked: “Why, when the employer accommodated so many, could it not accommodate pregnant women as well?”  As an employer, that is a question you should now be asking when preparing, reviewing, or updating your company’s accommodation policies. Many employers have policies and practices to ensure… Continue Reading

Attention Philadelphia Employers: New and Important Changes to the "Ban The Box" Law

Posted in Labor & Employment, Pennsylvania
Philadelphia’s 2011 “Ban the Box” law, which restricts an employer’s ability to inquire into a job applicant’s criminal history at the initial stages of the application process, is “old news” – but the recent changes that went into effect on March 14, 2016 are anything but. Our firm will be getting into the details of… Continue Reading

U.S. Department of Labor Issues New Guidance on Misclassification of Employees as Independent Contractors

Posted in Business, Construction, Labor & Employment
The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors.  The guidance provides several examples of workers in the construction industry.  It is now clear that the DOL is bent on targeting contractors and subcontractors.  If you have mechanics, installers, estimators, or any workers… Continue Reading

7th Annual Labor & Employment Law Seminar

Posted in Cohen Seglias News & Events, Labor & Employment, Pennsylvania
Join Cohen Seglias’ Labor & Employment Group for a seminar on cutting edge labor and employment law issues impacting your business.  Featuring speakers Marc Furman, Jonathan Landesman, Steven Williams, Christopher Carusone and Mark Leavy, the team will present on April 28th at the Union League in Philadelphia, May 5th at the Hershey Country Club and… Continue Reading

5th Annual Labor & Employment Seminar

Posted in Cohen Seglias News & Events, Labor & Employment
Join our Labor & Employment Group and the Firm’s newest partner, Honorable Gene D. Cohen (Ret.), for a fast-paced seminar on cutting edge labor and employment law issues impacting your business. Far from an academic discussion, attendees will get real world, practical guidance from our experienced litigators and a former Philadelphia Common Pleas Judge. Topics included in this half-day seminar are: … Continue Reading

Pennsylvania Now Requires E-Verify on Public Work

Posted in Labor & Employment, Marc Furman, Mark Leavy, Pennsylvania
By Mark J. Leavy and Marc Furman On July 5, 2012, Pennsylvania Governor Tom Corbett signed into law the Public Works Employment Verification Act. The law will take effect January 1, 2013. The law requires contractors and subcontractors on “public work” construction projects, i.e., those subject to the prevailing wage rate laws, to use the… Continue Reading

Supreme Court Limits Prevailing Wage Obligations In Mixed-Funding, Multi-Phase Construction Projects

Posted in Labor & Employment
By: Melissa Angeline The Supreme Court of Pennsylvania recently limited application of the prevailing wage law to multi-phase construction projects involving a mix of private and public funding. In 500 James Hance Ct. v. Pa. Prevailing Wage Appeals Bd., 33 A.3d 555 (Pa. 2011), the project was bifurcated into two phases, with private funding for… Continue Reading

4th Annual Labor & Employment Law Seminar

Posted in Labor & Employment
Please join us for the 4th Annual Labor & Employment Law Seminar, scheduled for March 13th in Philadelphia, March 27th in Harrisburg and April 11th in Pittsburgh. This year’s topics will include: Cutting-Edge Developments in Labor & Employment Law In this fast-paced session, we will review recent developments in several areas of the law, including… Continue Reading

Mayor Nutter Signs a Pro-Project Labor Agreement Executive Order for Philadelphia Public Building Projects

Posted in Labor & Employment, Marc Furman, Mark Leavy
By: Mark Leavy and Marc Furman On November 29, 2011, Mayor Michael A. Nutter signed Executive Order No. 15-11: “Public Works Project Labor Agreements”. The Order strongly recommends – but does not strictly require – the use of project labor agreements (PLAs) on public building projects. Under the Executive Order, a project is “appropriate” for… Continue Reading

New Jersey Employer Alert: New Posting Requirement Effective November 7, 2011

Posted in Labor & Employment, New Jersey
By: Melissa C. Angeline On November 7, 2011, the New Jersey Department of Labor and Workforce Development (DOL) released a new 6-page workplace notice for all New Jersey employers. The Employer Obligation to Maintain and Report Records Regarding Wages, Benefits, Taxes and Other Contributions and Assessments Pursuant to State Wage, Benefit and Tax Laws, contains… Continue Reading

NEW UPDATE: Employers Catch A Break With Postponement of Employee Rights Notice Requirement

Posted in Labor & Employment
By: Melissa C. Angeline In its October 5, 2011 press release, the National Labor Relations Board states that it has postponed the November 2011 deadline for employers to post the “Employee Rights Under the National Labor Relations Act” notice. As previously reported, the Board recently established a rule requiring most private-sector employers to post a… Continue Reading

Update: National Labor Relations Board Releases Employee Rights Poster

Posted in Labor & Employment
The National Labor Relations Board has published its new poster, titled “Employee Rights Under the National Labor Relations Act.” As previously reported on our blog, the Board recently adopted a new rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”). The poster is available… Continue Reading

What Employers Can Ask About Criminal Backgrounds during the Hiring Process

Posted in Labor & Employment, Pennsylvania
By: Melissa C. Angeline Philadelphia has become the first major city to bar private employers from inquiring about an applicant’s criminal background. The “Ban the Box” law, otherwise known as the Fair Criminal Record Screening Standards Act, took effect on July 12, 2011. The law has three major requirements, and covers most private employers with… Continue Reading

Maryland's Job Applicant Fairness Act

Posted in Labor & Employment, Maryland
The “Job Applicant Fairness Act,” (the Act) signed into law on April 12, 2011, prohibits most Maryland employers from using credit reports and credit histories as a means of determining hiring and retention. Generally, employers are prohibited from using an applicant’s or employee’s credit report or credit history for the purpose of denying employment, discharging… Continue Reading

Upcoming Event: 3rd Annual Labor & Employment Law Seminar

Posted in Cohen Seglias News & Events, Labor & Employment
Each spring, Cohen Seglias Pallas Greenhall & Furman, PC provides employers with an annual review of the prior year and an update on various labor and employment law topics. Please join our labor and employment attorneys for a half-day briefing on developments in case law, statutes and regulatory trends that could have an impact on… Continue Reading

Family and Medical Leave Act: Frequently Asked Questions

Posted in Labor & Employment
In a recent survey of 441 human resource professionals, the Family and Medical Leave Act of 1993 (FMLA)  was overwhelmingly identified as the single most problematic federal employment law. The FMLA, which covers employers with at least 50 employees, allows eligible employees to take temporary leaves of absence for certain family and medical reasons. Employers… Continue Reading

Construction Workplace Misclassification Act: Pennsylvania Cracks Down on Independent Contractor Misclassification in the Construction Industry

Posted in Labor & Employment
On October 13, 2010, Governor Ed Rendell signed into law House Bill 400, establishing the Construction Workplace Misclassification Act (CWMA). This new law goes into effect February 10, 2011, and will have a dramatic impact on all construction companies utilizing independent contractors. Determining Independent Contractor Status Under the CWMA, an individual who performs construction work… Continue Reading