Category Archives: Labor and Employment Issues

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Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition

By David Chidlaw and Carina Novell on April 6, 2022 Posted in Labor and Employment Issues

On March 11, 2022, the Department of Labor (“DOL”) proposed reverting the definition of “prevailing wage” under the Davis-Bacon Act to a definition used over 40 years ago. According to the DOL, the proposal is meant to modernize the law and “reflect better the needs of workers in the construction industry and planned federal construction … Continue Reading

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

By Keahn Morris, John Bolesta and James Hays on August 13, 2019 Posted in Labor and Employment Issues

In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act, relying, instead, on individualized adjudications to establish the Board’s legislative policies. However, breaking with that long tradition, the current Board now appears to be on the verge of … Continue Reading

Labor Development Impacting Developers, Contractors, and Landowners

By John Bolesta and Keahn Morris on June 4, 2019 Posted in Labor and Employment Issues

It is unlawful for unions to secondarily picket construction sites or to coercively enmesh neutral parties in the disputes that a union may have with another employer. This area of the law is governed by the National Labor Relations Act (“NLRA”), the federal law that regulates union-management relations and the National Labor Relations Board (“NLRB”), … Continue Reading

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

By Nora Stilestein and Candace Matson on February 6, 2018 Posted in Construction Claims and Litigation, Employment and Prevailing Wage, Labor and Employment Issues, Mechanic's Liens, Bonds and Stop Notices, New Rules and Regulations

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with their subcontractors for any unpaid wages, fringe benefits and other benefit payments or contributions owed to wage claimants. Governor … Continue Reading

The Year 2010 In Review: Prevailing Wage & Employment Law

By Sheppard Mullin on April 14, 2011 Posted in Labor and Employment Issues

This article is the sixth in a series summarizing construction law developments for 2010. By Candace Matson, Harold Hamersmith & Helen Lauderdale Alameda County Joint Apprenticeship and Training Committee v. Roadway Electrical Works Inc., 186 Cal. App. 4th 185 (1st Dist. June 2010) A general contractor and its electrical subcontractor working on the project to rebuild … Continue Reading

California Department of Industrial Relations Expands Prevailing Wage Coverage

By Sheppard Mullin on January 24, 2007 Posted in Labor and Employment Issues

By Richard M. Freeman In December, 2006, the Department of Industrial Relations adopted a new, official position which could adversely affect the real estate development and construction community. Its new position is that any type of public subsidy, waiver of permitting fees, discount or assistance from a public body to a developer does not have … Continue Reading