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How New US Labor Laws Could Affect Tens of Thousands of Construction Companies

October 4, 2016 Shane Hedmond
us department of labor

There have been several new laws in 2016, or new enforcement styles of existing laws, that are ready to make their mark on the construction industry. Among them are the US Department of Labor’s new rules on overtime pay and the Fair Pay and Safe Workplaces Act. Both laws affect the amount construction employees must be paid and when they should receive that pay, so documentation of employee time sheets and payments is becoming increasingly important. If your company plans to bid on any Federal Government work, violations of these new laws can keep you from getting the job.

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In Law, News Tags Fair pay act 2016 construction, construction labor laws, labor laws construction 2016, new overtime rules construction, flsa lawsuits affecting construction companies, construction, how many construction companies have been sued by the dol?, new laws affecting construction 2016
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New Law May Disqualify Many Contractors from Federal Construction Work

September 30, 2016 Shane Hedmond
U.S. Department of Labor

U.S. Department of Labor

2016 has been filled with controversial law changes affecting contractors, like the first increase in OSHA fines in 27 years, OSHA’s new injury reporting rule, and new overtime pay rules.  Industry groups have submitted comments hoping to ease the pain on contractors, but have not had any success overturning any of them.  The next challenge facing contractors started with the Fair Pay and Safe Workplaces Executive Order signed in July 31.

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In Law, News, Project Management Tags construction, fair pay act, E.O. 13673, federal blacklisting rule, fair pay and safe workplaces executive order, fair pay act effective date, when does the federal blacklisting rule start
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[VIDEO] Thrill Seekers Are Climbing Construction Cranes; What Can Contractors Do?

September 8, 2016 Shane Hedmond
crane climbers

Cranes are not only an extremely useful piece of equipment, but they’re also extremely dangerous if something goes wrong.  Each year, there are several crane collapses and other crane related accidents that claim lives.  Having said that, the last thing contractors need is for adrenaline seekers to start climbing and playing around on their cranes.  The problem is, it’s already happening.

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In News, Project Management, Law, Crazy Construction Videos Tags construction, crane climbers, video of couple climbing world's tallest crane, what can construction companies do about people climbing cranes, videos of people climbing cranes, thrill seekers climbing cranes 2016, who is liable if a daredevil is killed after falling off of a crane?, couple climbs world's tallest crane, tianjin, chine crane climbers, tianjin crane climber video
3 Comments

A Lawyer’s Analysis of a $250K OSHA Scaffold Fine and a Contractor's Failed Appeal

August 18, 2016 Shane Hedmond
Photo by tup wanders, CC BY 2.0

Photo by tup wanders, CC BY 2.0

In March 2013, Flintlock Construction was building a hotel at a Manhattan construction site known as the 325 Project. OSHA inspectors visited the site and delivered three separate scaffolding violations that added up to a total of $249,920 in OSHA fines. Flintlock Construction immediately filed an appeal and that appeal was heard in July 2015.

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In Law, Project Management, Safety Tags construction, construction law, tips on appealing osha fines, osha fine tips, osha scaffolding fines, osha scaffold requirements, osha tips, osha violation appeal, david b lever, david b lever and associates
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Construction Industry Groups Fighting Back Against New Overtime Pay Rules

May 23, 2016 Shane Hedmond
department of labor logo

Back in March, construction industry group members and leaders strongly opposed a final rule issued by OSHA that requires greater protections for workers against silica dust, citing high costs versus minimal safety improvements. This month has pitted the Department of Labor (DOL) against the construction groups. 

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In News, Law, Project Management Tags construction, construction overtime rules, construction reaction to new DOL overtime rules, ABC response to new overtime rules, NAHB response to new overtime rules, how new overtime rules affect white collar employees, new overtime rules 2016, who is exempt from overtime pay
7 Comments

OSHA is About to Make Contractor Injury Records Public

May 20, 2016 Shane Hedmond
OSHA Logo

As we’re all aware, construction is a dangerous occupation, but just like any business decision, it’s hard to figure out how to solve the problem without having data for back up.  OSHA has just released a final rule for employers in high risk industries, including construction, which requires companies to make injury data available to not only OSHA, but the general public.

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In Safety, Law, News, Project Management Tags construction, accident reporting requirements osha, new osha requirements 2016, injury data made public osha, final rule on injury tracking construction, injury data by construction company
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Your ‘No Trespassing’ Sign Isn’t Good Enough, Here’s Why

February 25, 2016 Shane Hedmond
Photo by Jon, CC BY-SA 2.0

Photo by Jon, CC BY-SA 2.0

We have all seen those “No Trespassing” signs prohibiting access to construction sites,  but few may be aware of both the meaning and the specifics of the law applicable to these words.

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In Law Tags construction, are no trespassing signs legally binding, do you have to follow no trespassing signs, no trespassing signs legality, how to stop someone from trespassing on job site
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Don’t Lie to OSHA: Alabama Contractor Sentenced to 3 Years Probation for “False Statements”

September 10, 2015 Shane Hedmond
OSHA logo

Recently, we learned that knowingly putting your employees in danger can land contractors a prison sentence of two years for involuntary manslaughter.  Well, OSHA doesn’t take too kindly to being lied to either.

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In Law, Safety Tags construction, safety, OSHA prison sentence, osha, osha violations, how osha violations can get you in trouble with the law
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How New DOL Overtime Rules Would Affect Construction Workers and Company Owners

August 21, 2015 Shane Hedmond
us department of labor flag

The U.S. Department of labor has proposed an update to the Fair Labor Standards Act’s minimum wage policy that would affect nearly 5 million workers in 2016.  The purpose of the policy is to require employers to pay their employees overtime rates for any hours worked over 40 per week. 

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In Law, Project Management Tags overtime rules, construction, white collar exemption, proposed overtime changes construction, us department of labor construction statistics, us department of labor, fair labor standards act
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OSHA Fines Construction Companies Almost $2 Million Dollars for Exposing Employees to Asbestos

August 19, 2015 Shane Hedmond
Photo by Joe P, CC BY SA 2.0

Photo by Joe P, CC BY SA 2.0

You’ve probably heard the commercials about it hundreds of times by now, but Mesothelioma is a rare type of cancer that is most commonly caused by prolonged exposure to asbestos.  It is estimated that those who develop mesothelioma only have a 10 month survival time, as the disease is nearly always fatal.  In 1989, the United States and the Environmental Protection Agency effectively banned the vast majority of all asbestos containing material.  Surprisingly, a court of appeals overturned the ban and there are still more than a few building materials not banned from using asbestos, including roofing felt, cement shingles, millboard, cement pipe, and roof coatings.

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In Safety, Law Tags construction, osha, osha violations, asbestos violations, us department of labor
2 Comments
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