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    Construction Law Now Blog

    Blog Category: Labor & Employment

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    Labor & Employment
    New Jersey’s New Misclassification Rules Are Here — and Subcontractors Are Squarely in the Crosshairs
    BY Evan A. Blaker

    Effective October 1, 2026, New Jersey’s Department of Labor has, for the first time, put the state’s “ABC test” for worker classification into black-letter regulation. For construction subcontractors, the quiet part is now written down — ...

    Labor & Employment
    How Changes to NY’s Wage Theft Laws Affect Contractors and Subcontractors

    Effective January 4, 2022, New York’s amended wage theft laws enable a subcontractor’s employees to obtain judgments for unpaid wages directly against a contractor that hired their employer. The New York laws aim to provide subcontractors’ ...

    Compliance
    OSHA’s Emergency Temporary Standard – This Too Shall Pass (or Not)

    Compliance Notes for Construction Professionals Amid Pending Legal Challenges Nationwide reverberations followed last week’s much-anticipated emergency temporary standard addressing COVID-19 (the ETS) from the Occupational Safety and Health ...

    Labor & Employment
    The Immediate Impact of President Biden’s COVID-19 Action Plan on Private Employers
    BY Jonathan Landesman

    On September 9, 2021, the White House announced its new COVID-19 Action Plan, which is likely to have a considerable impact on employers. As part of the plan, President Biden has directed the U.S. Department of Labor’s Occupational Safety and ...

    Labor & Employment
    Rare Criminal Enforcement for Violations of PA Workplace Misclassification Statute Leads to Dozens of Charges in Delaware County
    BY Christopher D. Carusone

    Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.” Under the Construction Workplace Misclassification Act (Act ...

    Labor & Employment
    New Overtime Rules Become Effective On January 1, 2020
    BY Jonathan Landesman

    Under the Department of Labor’s new overtime rules, which become effective January 1, 2020, all employees with a salary of less than $35,568 must be treated as hourly employees entitled to overtime compensation whenever they work more than 40 ...

    Labor & Employment
    Failing to Run Weekly Payroll Exposes NY Contractors to Substantial Liability
    BY Jonathan Landesman

    Breaking from prior legal precedent, an appellate court in New York ruled that if a contractor pays employees performing manual work on a biweekly basis (or less frequently), the affected employees may bring a private lawsuit or class action case ...

    Labor & Employment
    Employers Beware! NY Revamps Its Sexual Harassment Law
    BY Jonathan Landesman

    Cohen Seglias Summer Associate Jordan L. Cramer also contributed to this article. On August 12, 2019, Governor Andrew Cuomo signed new legislation (Senate Bill S6577, A8421) making it significantly easier for employees to file sexual harassment ...

    OSHA
    OSHA Review: What You May Have Missed In the Past Six Months
    BY Lisa M. Wampler

    The past six months have seen plenty of activity from the Occupational Safety and Health Administration (OSHA). The following recaps the developments affecting the construction industry. As each changes the regulatory landscape, construction ...

    Labor & Employment
    The Long Wait is Over: DOL Increases Minimum Salary Threshold With Proposed New Overtime Rule

    On March 7, 2019, the United States Department of Labor issued a proposed new overtime rule that will raise the minimum salary threshold for workers to qualify for the white-collar exemption to the overtime provisions of the federal Fair Labor ...