Articles & News

Articles

Big Right, The First Time – Sewall “Spike” C. Cutler, Jr
Every construction project starts with a bid (unless it’s a negotiated job, but how many of those are there?), so how a subcontractor bids a job is important.

Changes and Extras – Get Paid – Sewall “Spike” C. Cutler, Jr
Change order work is inevitable on just about every construction project, but for subcontractors, getting paid for that work can be a challenge! Following these few simple suggestions will be dramatically increase the chances of subcontractors actually getting paid for change order work.

How is that project financed – or, is it at all? – Sewall “Spike” C. Cutler, Jr

So you want to be an Insurer: Insurance; everyone hates it, and why now? – Sewall “Spike” C. Cutler, Jr
Insurance is one of those expenses subcontractors just hate to incur, because unless there is an actual claim, its pure expense with no immediate benefit.

Contractors Must Comply With State Law If Performing Disaster Remediation Work – Tami LaGrone

Arbitration Beware! – Sewall “Spike” C. Cutler, Jr
Arbitration is not always the better choice over litigation. Read on to find out why.

News

Appeals Court Rules Against Obama-Era Proposal to Restrict Criminal-Background Checks for Job SeekersCourt decision lands while new laws aim to ease employment for ex-convicts.

Think an ICE Audit or Raid Cannot Happen to You? Think AgainThink an ICE audit or raid cannot happen to you? Think again. In 2017, unauthorized worker arrests increased 30% over those made by ICE in 2016, hitting an all-time high. The biggest arrest numbers came from Florida, North Texas and Oklahoma.

DOL Appeals Bar to Obama-Era Overtime RuleOn October 30, 2017, the U.S. Department of Labor filed an appeal of the recent decision by a Texas judge to ban implementation of the Obama-era rule that would have extended overtime pay by nearly doubling the current FLSA salary threshold for exempt employees.

The Top 10 OSHA Violations of 2017The federal government’s fiscal year ended on September 30th and OSHA announced its top 10 violations of the fiscal year 2017

OSHA Proposes to Extend Crane Operator Certification RequirementIn 2010 OSHA promulgated a final rule regulating cranes and derricks in the construction industry, “Cranes and Derricks in Construction, Subpart CC (29 C.F.R. 1926. 1440, et al.)”.

Employer Responsibilities In DisastersMany employers wonder what their responsibility is during a disaster. In particular, how does employer liability change in a “disaster” such as Hurricane Harvey versus inclement weather?

Trump Administration Rescinds 2012 DACA ProgramOn September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (“DACA”), created by executive order under the Obama administration, is unconstitutional and “rescinded.”

United States District Court of Eastern District of Texas Invalidates Department of Labor’s 2016 Overtime RuleOn August 31, 2017, Judge Amos Mazzant of the United States District Court in the Eastern District of Texas, ruled that the Department of Labor’s 2016 Overtime Rule is unlawful.

Have You Prepared Your Distracted Driving Policy?Starting September 1 2017, Texas will institute a state-wide ban on texting and driving. It will be illegal to read or send text messages or post on social media while operating a moving vehicle.

Labor and Employment Alert: Texas Supreme Court Rejects a Cause of Action for Compelled Self-DefamationA defamation claim generally requires “publication” of a false and defamatory statement of fact to a third party. Publication occurs when the defamatory statement is communicated to a third person who can understand its defamatory import and who actually does so understand.

Department Of Labor Withdraws Administrator’s Interpretations for Joint Employer and Independent ContractorsOn June 7, 2017, Alexander Acosta, U.S. Secretary of Labor, announced an immediate withdrawal of two Wage and Hour Division Administrator’s Interpretations (“AIs”) on join employment and independent contractor status issued by the Obama Administration.