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Vol. 55, Nos. 2710-2743 pp. 1-1158 March 5, 2009 - Nov. 5, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
FAIR LABOR STANDARDS ACT (FLSA)
– Exhaustion
– Appeals, broad definition of notice of contest approved, motion for voluntary dismissal with prejudice valid, ALJ must decide if roofer's letter to OSHA timely (OSHRC), 1054
– Apprentices, school-based training seems effective but should be hands-on and in real-world situation, researcher says, 24 – Cobalt Land Dev., OSHA starts investigation into death of workers in scaffolding accident, 535 – Construction standard, citation for failure to implement system vacated, OSHA failed to establish standards applied (OSHRC, rev grant), 635 – Exposure to falls and other repeat and serious violations, OSHA cites stucco contractor, proposes fines, 212 – Failure to ensure scaffolds were properly erected and inspected, OSHA proposes penalties for serious and repeat safety violations, 840 – Fire escape, permanent structure equivalent to temporary scaffolding, worker hurt in collapse during demolition may pursue claim (N.Y. Sup. Ct., App. Div.), 606 – Interim guidelines, OSHA considering partial repeal for residential construction, 249 – Jurisdictional disputes, enforcement of arbitration award against UBC for scaffolding work on Wash. project proper where both unions' headquarters in D.C. (D.D.C.), 673 – Mast climbing, enforceable standard could be in place this year, scaffolds in use have been developed more recently than 1996 standard, 26 – Negligence, owner and lessee defense that materials to build safe scaffold provided improperly shifts burden of ensuring safety to worker (N.Y. Sup. Ct. App. Div.), 636 – N.Y.C., OSH Act does not preempt city law protecting workers off the ground, no constitutional violations (2d Cir.), 835; business group seeks injunction barring N.Y. from enforcing scaffold law (W.D.N.Y.), 1121 – Oxbow Calcining, OSHA citation for worker death after failure to follow procedures for demolishing refractory kiln, 180 – Residential, OSHA briefs acting chief on rescinding interim guidelines, no indication when decision expected, 294 – Roof, ladder extension, and electrocution risk, OSHA cites roofing contractor, proposes penalties, 472 – Safety supervision, concrete firm to pay penalties for repeat citations, OSHA accord, 14 – Scaffolds without guardrails or protection system, OSHA proposes fines against N.Y. masonry contractor, 813 – Skylights, roofing contractor sentenced, fined for failure to protect workers from falls that caused death and serious injuries, 345 – State and local laws and actions
See specific states
– Working on roof without protection, OSHA cites Fla. roofer for violations related to fatal fall, 117
– Reinstatement, epileptic engineer fired after returning from leave not entitled to job where leave approval erroneous (6th Cir.), 671
See AGRICULTURE
– All business sectors, Solis to hire more investigators to help cut, 876
– Asbestos-related
See ASBESTOS
– Cobalt Land Dev., OSHA starts investigation into death of workers in scaffolding accident, 535 – Confined spaces, utility and coatings contractors and senior officials charged with criminal violations of OSH Act for fatal fire in violation of critical safety procedures (D. Colo.), 882 – Corporate Injury, Illness, and Fatality Reporting Act – Demon Demo, contractor fined for child labor violations after death of teenager at mall demolition project, 333 – Duty of care, Ind. Transp. Dep't liable to independent contractor electrocuted while working on Marshall Cty. project (Ind. Ct. App.), 538 – Enhanced enforcement program, employers not always identified and inspected by OSHA, agency has reservations and concerns about findings, IG report, 178 – Fall protection
See FALL PROTECTION
– Ind., ALJ ruling that contractor violated state OSH Act in faulty removal of light pole upheld, elements of general duty clause shown (Ind. App. Ct.), 676 – LandCoast Insulation, OSHA citation for willful trenching violations that caused injuries and death, penalties proposed, 180 – Las Vegas construction sites, OSHA officials investigating Nev. safety agency after string of worker deaths on projects, 784; OSHA review reveals serious concerns, including failure to issue citations and poorly trained instructors, says review of all states needed, report, 1082 – L.E. Meyers, jury instructions improper, must show supervisor had duty to report or remediate energized wire, no proof of action to avoid truth (7th Cir.), 261 – Lead, levels found in bone more accurate indicator of mortality from exposure, study, 995 – Midwest Farm. Serv., irrigation system installer pleads guilty to violating OSHA rules and fined for trench collapse that killed worker (D. Neb), 213 – Nat'l Work Zone Awareness Week, deaths and injuries fell 17% in 2007, more in last decade, LaHood says – Nonconstruction workers killed at sites, data not collected, but service workers and contingent workers at greater risk, reseacher says, 25 – Occupational vehicles, OSHA official cites 2007 data for deaths from jack-knife or overturn, 24 – Oxbow Calcining, OSHA citation for worker death after failure to follow procedures for demolishing refractory kiln, 180 – Protection America's Workers Act – Southern Certified, OSHA cites for violations relating to fatal fall, proposes fines, 117 – Trenching deaths
See BUDGET, U.S.; specific agencies and departments
– FY2010 budget plan
See also FEDERAL CONTRACTS AND CONTRACTORS
– Appointments and personnel changes, administration close to naming director, Shiu identified but no announcement, 746 – ARRA, DOL to hold free conferences on prevailing wage requirements, 633; OFCCP educating recipients about affirmative action and EEO duties, construction industry should expect greater scrutiny, regional directors say, 748; procedures for compliance reviews include full on-site review, shorter time frame for exceptions, and different procedures for pre-award evaluation, 923 – Compliance officers, DOL will be adding more staff to promote EEO compliance on federal contracts, Solis tells BCTD, 397; office to get more funds, staff, and a higher profile but whether emphasis put on affirmative action or bias enforcement unclear, 746 – EEO and affirmative action requirements, crucial for contracts to maintain records to prove compliance, official says, 714 – Employment Standards Admin., DOL planning to abolish in internal reorganization, program offices to report directly to Solis, 663 – FY2010, increase would provide national emergency grants, 358 – Hiring practices, forum discusses increased scrutiny of construction contractors, 1138 – Women in construction, affirmative action goals for use of women in construction on federal projects should be hiked, Democrats tell Solis, 988
See also FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)
– Bid-rigging, salesman for firm that provides backfill to excavated areas of Superfund site pleads guilty, landscaping firm owner sentenced for kickback and fraud conspiracy, DOJ announces (D.N.J.), 1154 – Clark/Hunt, joint venture forms OSHA partnership to reduce serious illnesses and injuries on military medical complex project, 1147 – Construction management services, more data needed to clarify appropriate contract language, comments say, 146 – Contracting out
See CONTRACTING OUT
– Davis-Bacon Repeal Act – Military Construction and Veterans Affairs Appropriations Act, 2010 – PLAs, OMB memo advises officials to implement E.O. 13502 allowing agencies to use without delay when appropriate, proposed rule amending FAR published, 621; text, OMB memo, 651; FAR councils considering 30 day extension for comment period, 805; HUD publishes final rule making PLA mandates discretionary, ABC says Obama exceeded presidential authority in issuing, 876; unions want to broaden scope of covered PLAs, contractors want advance notice, comments posted, 1044; panelists discuss implications, disagree over whether federal agencies need, 1081; Commerce Dep't publishes proposal to update acquisition rules to match provisions for federal contractors, 1082 – Prevailing wages
See DAVIS-BACON ACT
– Recovery, AGC urges tax incentives, tax credits, and policy changes to increase investment in public and private projects, 987 – Safety, Solis memo warns other cabinet heads of increased inspections on federal projects funded by stimulus, 400; Advisory Comm. on Constr. Safety and Health to consider at meeting, OSHA announces, 668 – Subcontracting
– CMC Engineering, doubt cast on lower court decision to exclude false claims to state agencies funded by U.S. (3d Cir.), 443
– SAFETEA-LU
See PREEMPTION
– Davis-Bacon Act, construction on High-Speed Intercity Passenger Rail Program can be implemented in reasonable manner consistent with current practices, 558
– FRB Beige Book Survey, year-to-date, 49; 502; 1117
– Qui tam, doubt cast on lower court decision to exclude false claims by consultants to Pa. Transp. Dep't for highway projects funded by FHWA (3d Cir.), 443
– New Starts, project approval is barrier to greater private sector role, GAO report, 1148
– Contributions, unpaid amounts are not plan assets, personal bankruptcy could discharge debt to multiemployer plans (2d Cir.), 368
– Defalcation, officer and shareholder of general contractor may not discharge debt to subcontractor after misallocating funds and failing to pay subcontractors (6th Cir.), 479 – 5500 annual reports, Schedule C, fiduciaries urged to make good faith effort to comply, EBSA official says, 994 – 401(k) plans, electrical contractor not personally liable for failure to make timely contributions, no proof he was fiduciary and checks signed in representative capacity (2d Cir.), 777 – Health benefits, ending coverage because employer premium not posted on time was pretext to avoid paying for expensive cancer treatment, reinstating coverage retroactively equitable remedy (10th Cir.), 752 – Madoff-related investments, multiemployer plan trustees file class action against investment firms for role in losses (W.D.N.Y.), 211; trustee says significant headway made in investigation, more than $1B recovered for investors, 211; LIUNA and UBC pension plans file suit for violating securities laws and ERISA by investing in Madoff-related funds, 259; attention to negligence suits by plan advisors may have bigger impact, must liquidate assets to pay claims, attorneys say, 279; trustee seeks more than $1B from unregistered financial adviser who controlled accounts (Bankr. S.D.N.Y.), 333; most investors choosing to take theft loss safe harbor, IRS guidance, 361; multiemployer plan trustees file class actions against feeder funds that invested plan assets in fraudulent schemes (S.D.N.Y.), 370; trustee reaches accord with 2 investment funds that got preferential payment, $1.2B recouped for investors (S.D.N.Y.), 434; Congress may consider amendments to SIP Act to widen eligibility for protection, Kanjorski (D-Pa) says, 532; Steamfitters Local 449 pension fund trustees file class action for loss of plan assets in Ponzi scheme (E.D. Pa.), 539; LIUNA Dist. Council of W. Pa. Pension Fund files fiduciary breach suit (E.D. Pa.), 593; Madoff sentenced to jail for Ponzi scheme that caused union pension funds and others to lose billions (S.D.N.Y.), 595; government request to delay restitution for victims granted, numbers make restitution impractical, 596; foundations with small boards lost more than other investors, Nat'l Cmte. for Responsive Philanthropy white paper, 598; trustee says significant headway made in investigation, more than $1B recovered for investors, 626; motion to consolidate all ERISA claims by union benefit plans granted (J.P.M.L.), 817; IRS process for safe harbor for recovering losses from sham investments expected to go smoothly but refunds coming from SIPC, some partnerships expecting large refunds have not yet filed, 878; managing member of Beacon Assoc. urges court to deny benefit plans' request to intervene (S.D.N.Y.), 965; IBEW and SEIU benefit funds file ERISA suit against investment firms and advisors that put fund assets in Madoff funds (S.D.N.Y.), 1028; trustees of LIUNA locals' file class action for fiduciary breach in facilitating investment fraud, 1056; SEC, exhibits to IG report on agency handling released, 1143 – MGIC Investment, Wis. county retirement system made lead plaintiff in class suit for failure to disclose subprime loans (E.D. Wis.), 221 – National Infrastructure Bank Act – Pension consultants and service providers, EBSA announces project focused on improper and undisclosed compensation, 916 – Plan contributions, provision relieving trustee to duty to ensure that employers make violates ERISA (D. Mass.), 151 – Readjustments, participant whose monthly pension benefits miscalculated because delayed retirement misapplied has no claim for continuing enhanced benefits (3d Cir.), 677 – Real estate, LMRDA creates right for IUOE local to sue former official who diverted transaction for personal benefit (7th Cir.), 241; statute provides implied right (U.S., rev den), 1043 – Shareholder activism by union pensions funds, little benefits to participants, Solis asked to protect by ensuring no breach, 465 – SIPC
– Unfunded multiemployer pension fund liabilities, small business panel urges board to address reporting issues, 495
– AA Capital Partners, DOL and SEC pursuing suits against investment manager for excessive fees and using plan assets for personal benefit (N.D. Ill.), 465; DOL requires president to restore fund losses, consent decree, 779
– Austin Capital Mgmt., union suits for Madoff-related investments
See FIDUCIARY DUTY
– Capital Plus Equity, contractor indicted for fraud and money laundering in scheme to submit bogus invoices to bilk financing firm (M.D. Fla.), 715; guilty plea, mail and wire fraud, 1117 – Economic crisis, Obama acknowledges small businesses' difficulty in getting credit, plans talks with community bank sector to boost credit, 113 – Financial Services and General Government Appropriations Act, 2010
See FIDUCIARY DUTY
– Madoff Investment Securities
See FIDUCIARY DUTY
See PENALTIES
– Secret ballot elections, attorneys say states trying to guarantee right in private sector are really to block EFCA, NLRA preempts, Analysis, 161
– Demarco Floring, owner charged with fraudulently misclassifying workers to evade unemployment insurance contributions, N.Y. Labor Dep't announces, 27
– M&M Installation, nonunion flooring contractor jointly liable for unpaid contributions, intent to avoid not key factor in finding alter ego (N.D. Cal.), 851 – S&G Flooring, firm may not argue UBC pact unenforceable where no stay requested when fringe benefit contribution arbitration started (S.D.N.Y.), 681 – Speedwell Design, tile work firm must make contributions to 2 union funds where separate CBAs involved but amount in dispute (E.D.N.Y.), 184
– Legislative and regulatory roundup, 823
– Public-private road construction, state signed contract to design, build, finance, operate, and maintain, 61 – Workers' compensation
– – Attorneys' fees, bill reinstating limits approved, 380; signed, 484
– – Fraud, roofing firm owner sentenced after guilty plea for using shell companies and check cashing services to underpay premiums (Fla. Cir. Ct.), 765 – – Insurance rates, decrease sought, 857
– Starbucks, alliance to explore third way of addressing recognition of unions announced, 109
See specific countries
– 5500 annual reports
– – Filing false forms, EBSA announces new enforcement plan to prosecute violators, 916
– – 403(b) plans must make good faith efforts to comply with new rollover and plan documents requirements, DOL field bulletin, 707 – – Group health and retirement plans, EBSA issues guidance, 1113 – – I-File, pension plan administrators may electronically file on EBSA web page next year, will make easier for many filers, 884 – – Schedule C, fiduciaries urged to make good faith effort to comply, EBSA official says, 994
– – Audit initiative to crack down on hiring undocumented workers, USCIS serves notices of inspection to businesses nationwide, 626; efforts have undermined efforts to protect workers' rights, report, 1111
– – Employment eligibility form, preparation needed for new form scheduled to be released in April, speaker tells SHRM, 53; employers should continue using form despite stated expiration of June 30, USCIS says, 597 – LM-30, OLMS plans to change disclosure form for union officers and workers, DOL semiannual regulatory agenda, 282; new proposal expected by Aug., semiannual regulatory agenda, 359; OLMS extending data collection on older version of form, 877
– Embezzling nonunion workers' contributions, electrical contractors convicted of conversion and false records (W.D. Wash.), 1116
– Fiduciary breach, electrical contractor not liable for failure to make timely contributions not liable, no proof he was fiduciary and checks signed in representative capacity (2d Cir.), 777 – 401(k) Fair Disclosure and Pension Security Act
– Form 5500 annual reports, DOL provides transition relief for plans that make good faith efforts to comply, field assistance bulletin, 707
– Bid rigging, bribery, fraud, and tax offences, electrical subcontractor sentenced for kickbacks to win superfund site contracts, ordered to reimburse EPA (D.N.J.), 629
– Check cashing, owner and firm sentenced for failure to file currency transaction reports for checks cashed by shell companies (S.D. Fla.), 560; employees sentenced, 995 – Construction safety, OSHA posts internet watch list of trainers who may not be authorized, 784 – Del., Workplace Fraud Act providing penalties for contractors that willfully misclassify workers signed, 767 – Fraudulent Tax Relief Act
– – Enforcement
– Insurance, Cal. contractor charged with lying about payroll to avoid workers' compensation premiums (Cal. Super. Ct.), 347 – Mail, convicted IUEC official failed to show trial counsel ineffective (E.D.N.Y.), 327 – Money laundering, mail fraud, and obstructing grand jury, attorney pleads guilty to false prevailing wages reports on N.Y. projects (E.D.N.Y.), 140; attorney's motions to dismiss indictment or withdraw guilty plea rejected, 839 – Payroll, N.J. contractor pleads guilty to embezzling $1.4M from LIUNA benefit plans, evading payroll taxes, and bribes to IUOE officials (D.N.J.), 1019 – Racketeering – Worker documentation
– Prevailing wages, public works contractors employing sheet metal workers may not pursue claim challenging Del. Labor Dep't adoption of increased rate, request moot (Del. Ch.), 570
– DOT, grant program will put emphasis on project's long-term benefits and job creation potential, 408
See also specific types of benefits
– Financing health care reform, SMWIA joint letter with Contractors' Ass'n to dissuade Congress from adopting proposals to benefits sent, 462 – Legislative and regulatory roundup, 63
– Proff'l Furniture Servs., arbitrator exceeded power in finding firm not required to make benefit contributions for nonmembers in bargaining unit (D.N.J.), 19
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