Construction Industry Workplace Law Update — Winter 2023
FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects
The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement requirement for contracts that meet the definition of federal “large-scale construction projects” that are estimated to cost the U.S. government at least $35 million. The new rule goes into effect Jan. 22, 202. Read full article …
Impact of Labor Board’s New Joint-Employer Rule on Construction Industry
The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one of the seven enumerated essential terms and conditions of employment, regardless of whether that control is actually exercised. Read full article …
OSHA Continues to Cite Construction General Contractors for Subcontractor Violations
The lines of liability may not follow construction contract relationships, and a general contractor (GC) can be held liable for the safety and health violations of subcontractors on the worksite. While the Occupational Safety and Health Review Commission has found a GC’s lack of knowledge of the alleged violations justified vacating citations against the GC, the Occupational Safety and Health Administration continues to cite GCs in these situations. Read full article …
Construction Contractors and Certified Payroll Reports Under Massachusetts Prevailing Wage Law
Under the Massachusetts prevailing wage law (and most prevailing wage laws around the country), construction contractors performing construction on state-funded construction projects are required to pay employees the prevailing wages set by the state for work on the project. In addition, contractors are supposed to ensure that all subcontractors working on the project pay the proper prevailing wage. Read full article …
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