Construction Labor Report Index-Summary

WAGE AND HOUR DIVISION, DOL

– ARRA, DOL to hold free conferences on prevailing wage and other labor law requirements, 633
– Davis-Bacon Act, UBC letter seeks determination on applicability to redevelopment of former D.C. convention center site, 303
– Drywall firms in Ark. and Tex., back pay secured from 30 firms who misclassified installers as independent contractors to avoid paying overtime, 746
– Employment Standards Admin., DOL planning to abolish in internal reorganization, program offices to report directly to Solis, 663
– Enforcement, DOL to hire more investigators to recover back wages for minimum wage workers, enforce existing laws, Solis says, 876
– Fluctuating workweeks, employer that misclassified workers as exempt from overtime may calculate back pay for using regular rate based on biweekly salaries, opinion letter, 83
– Investigators, DOL substantially increasing number to step up enforcement, 329
– Job rates, residential contractor may not pay flat sum based on bid that does not vary with hours worked, opinion letter, 111
– Minimum wage and overtime, 40 opinions released but 20 withdrawn for further consideration, 50
– Prevailing wages, back pay recovered for elevator mechanics on N.Y. housing complex not properly paid, 708
– Safety bonuses, workers who earn entitled to have amount figured into regular rate for computing overtime for same pay period, opinion letter, 79
– Workplace abuse, fictitious claims of wage theft and child labor violations on construction sites mishandled, GAO report, 144; Solis says increased enforcement of wage and hour laws intended to send message to employers that fail to comply, calls car wash industry egregious, 717

WAGES AND SALARIES

– BLS reports, real earnings, April 2009, 403; May, 565
– Bonuses

See BONUSES

– Collective bargaining

– – Average first-year increases, BNA

– – – First 3 quarters, 2009, 1064
– – – Year-to-date, 96; 229; 384; 446; 509; 574; 643; 683; 763; 820; 897; 938; 1004; 1064

– – CLRC wage and benefit settlements, year-to-date 2009, 608

– Contractor Compensation Quarterly, PAS survey, 2009, 560; open shop contractors, 1052
– Davis-Bacon Repeal Act

See LEGISLATION, FEDERAL, HR 2900

– Executives

See EXECUTIVES

– Green jobs

See GREEN JOBS

– Legislative and regulatory roundup, 267
– Minimum wage

See MINIMUM WAGE

– New pay system, weatherproofing firm firing workers who expressed concerns was ULP (NLRB), 964
– Off-the-books pay, contractor pleads guilty to conspiracy to evade payroll taxes (S.D.N.Y.), 209; contractor sentenced, prosecutors announce, 992
– Overtime

See OVERTIME

– Prevailing wages

See DAVIS-BACON ACT; PREVAILING WAGES; specific states

– State and local laws

See specific states

– Tax fraud, N.Y.C. contractor pleads guilty to paying workers off the books in cash and issuing false currency transaction reports to evade payroll taxes (S.D.N.Y.), 1144
– Travel pay, arbitration panel exceeded authority in resolving SMWIA grievance against HVAC contractor more than 30 days of learning of facts (6th Cir.), 569
– Unemployment compensation

See specific states

– Visas, petition letting Ukrainian carpenter work in Chicago properly denied where contractor unable to show how it would pay salary (7th Cir.), 296
– Workers' compensation

See WORKERS' COMPENSATION; specific states

– Workplace abuse, DOL routinely mishandled theft claims on construction sites, GAO report, 144; Solis says increased enforcement of wage and hour laws intended to send message to employers that fail to comply, calls car wash industry egregious, 717

WAIVERS

– Wrongful death, release signed by pipe fitter and wife extinguished claim against employer for asbestos exposure (Tex. Ct. App.), 935

WAREHOUSES

– Costco, alliance to explore third way of addressing recognition of unions announced, 109

WASHINGTON

– Apprentices, bill requiring higher education public works contracts to provide for utilization signed, 345
– Cranes, new rule planned, would require equipment certification and more experience before operator certification, 128
– Disability benefits, building materials supplier required to continue to pay injured work denied light duty work after firing for violating safety rules (Wash. Ct. App.), 759
– Hanford Site

See ENERGY DEPARTMENT (DOE)

– Independent contractors, bill establishing independent contractor definition for prevailing wage purposes signed, 224
– Lead, demolition contractor committed willful safety and health violations by failing to protect worker from lead (Wash. Ct. App.), 58
– Legislative and regulatory roundup, 31; 63; 94; 157; 194; 227; 267; 823; 861
– Licenses and permits, bill requiring trades workers to have in their possession on job sites signed, 224
– Misappropriation of company funds, unpaid wages, and failure to repay loan, partnership accounting not required before suit between partners where corporation not formed (Wash. Ct. App.), 723
– Noise safety, citation of contractor for violating state standards by not using feasible controls to protect workers upheld (Wash. Ct. App.), 27
– Occupational safety and health, excavation safety rules violated when subcontractor's employee died in trench collapse (Wash. Ct. App.), 678
– Resale certificates, bill to end abuse by using to avoid paying sales taxes signed, 448
– Reseller permits, businesses will be allowed to make wholesale purchases without paying sales taxes, state will send out applications, 902
– Seattle

– – Alaskan Way Viaduct, memo of understanding with state Transp. Dep't to replace with deep bored tunnel and other improvements approved, 1097; signed, 1126
– – Encouraging green building and implementing greater energy conservation for existing facilities, stimulus funds to be used to encourage, 405
– – Stimulus funds will be used to improve encouraging green building and implementing greater energy conservation for existing facilities, 405

– Unemployment benefits, bill letting employers apply for relief for hiring replacements for military on active duty signed, 224
– Workers' compensation

– – Costs, benefits hiked to reflect higher average wages, based on CPI, 649
– – Felony theft of sales taxes and fraud, drywall contractor to pay restitution, plea agreement (Wash. Super. Ct.), 1156
– – Premiums, state proposes hike reflecting current economic conditions, 1002
– – Unpaid premiums, bill authorizing Labor and Indus. Dep't to issue stop-work orders signed, 345; bill requiring training and outreach to contractors, requiring contractors to retain data on subcontractors signed, 378
– – Worker misclassification, contractor should have paid premiums on workers who he claimed were partners (Wash. Ct. App.), 1124

– Workplace health and safety, business, labor, and other groups invited to submit funding proposals to develop new approaches to promotion, 611

WASTE TREATMENT

See UTILITIES

WATER

– Cal., San Francisco, Hetch Hetchy water improvement project gets funding through bond sale, 856
– CWA

See CLEAN WATER ACT (CWA)

– Energy and Water Development and Related Agencies Appropriations Act, 2010

See LEGISLATION, FEDERAL, HR 3183

– Environment

See ENVIRONMENT

– FY2009 appropriations for energy and water development

See LEGISLATION, FEDERAL, HR 3138

– Green design, construction, and product selection, water efficiency and conservation may become most critical factors, Green Building Council promotes, 475
– Legislative and regulatory roundup, 194
– Stormwater discharges from construction activity, EPA proposal to extend expiration date of general permits, 1119
– Water Infrastructure Financing Act

See LEGISLATION, FEDERAL, S 1005

– Water Quality Investment Act

See LEGISLATION, FEDERAL, HR 1262

WEST VIRGINIA

– Disability bias, heavy machine operator with one arm who refused to operate different machine has wrongful discharge claim (S.D. W.Va.), 414
– Legislative and regulatory roundup, 267

WHISTLEBLOWING

– Pipeline Safety Improvement Act, welders who complained about safety of installation protected but firing for refusal to work on damaged pipe did not violate protection (DOL ARB), 664; decision is encouraging development for employers, preserves reasonableness in federal whistleblower laws, industry attorney says, 753
– Protection America's Workers Act

See LEGISLATION, FEDERAL, HR 2067

– Retaliation

See RETALIATION

WISCONSIN

– County J/Highway 164 corridor, state and U.S. must reconsider project because Clean Water Act permits wrongly issued (E.D. Wis.), 967
– Fulton Cty. Employees' Retirement Sys., court makes lead plaintiff in a securities class action against mortgage insurer for failure to disclose subprime loans (E.D. Wis.), 221
– Legislative and regulatory roundup, 688; 904
– Milwaukee, City Council committee considering law requiring developer getting financial help from city to pay prevailing wages, 28; Council approves, 156

WITNESSES AND TESTIMONY

– Lead, OSHA sampling results and expert testimony sufficiently reliable to establish exposure levels but penalty cut (OSHRC), 261

WOMEN

– DBEs

See DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

– Green Jobs

See GREEN JOBS

– Income- and gender-based hiring, coalition urges President to issue E.O. to require or provide incentives on federal construction, 255
– Mo., St. Louis, ordinance setting participation goals for apprentices, minorities, women, and city residents signed, 822
– Nat'l Ass'n of Women in Constr., OSHA announces alliance with Del. chapter to elevate awareness of hazards, particularly on work sites, 405
– Set-asides

See SET-ASIDES

– Sex bias

See SEX DISCRIMINATION

WORK OPPORTUNITY TAX CREDIT (WOTC)

– Statutory definitions of qualified persons, IRS outlines, includes jobless veterans and disconnected youth, 470

WORK STOPPAGES

– Strikes

See STRIKES

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– State and local laws

See specific states

WORKER CLASSIFICATION

– Davis-Bacon Act, contractor misclassified and underpaid carpenters as laborers on N.J. housing development (DOL ARB), 816
– Drywall and carpentry work, contractor to pay fines for misclassifying workers in accord, 29
– Fraudulently misclassifying workers, contractors arrested, state Labor Dep't announcement, 27
– Independent contractors, renovation firm that misclassified laborers doing demolition, drywall, and painting must pay back pay and overtime, DOL accord (D. Or.), 1116
– IRS, must look to entire course of conduct between worker and firm to determine whether worker is independent contractor, 825
– Legislative and regulatory roundup, 31; 63; 267; 688; 823; 861; 904
– Overtime, firm that misclassified workers as exempt may calculate regular rate based on biweekly salary, DOL opinion letter, 83
– State and local laws

See specific states

– Stronger enforcement, misclassification puts compliant contractors at unfair disadvantage, Mech. Contractors Ass'n calls for reform, 495
– Taxpayer Responsibility, Accountability, and Consistency Act

See LEGISLATION, FEDERAL, HR 3408

– U.S., could be significant problem with adverse consequences, often associated with labor and tax law violations, GAO report, 925

WORKER, RETIREE, AND EMPLOYER RECOVERY ACT

– Multiemployer plans, IRS issues guidance on pension funding relief, 139; IRS extends deadline for plan sponsors to decided whether to freeze plan funding status, 326; Rev. Proc 2009-43 lets multiemployer plan sponsors to revoke funding status elections made before financial market collapse, 922; final rules on measuring assets and liabilities to comply with single employer requirement, benefit restrictions on underfunded plans released, 1048

WORKERS' COMPENSATION

– Fraud

– – Concealing number of workers and nature of work to avoid premiums, asbestos removal contractor sentenced (N.D.N.Y.), 760; accountant enters guilty plea, 1143
– – Filing false tax returns to avoid paying premium, plastering contractor sentenced, ordered to pay restitution (E.D. Cal.), 925
– – Insurance and tax fraud, petition for rehearing by carpentry firm owners who underreported payroll to insurance providers rejected, no custody credit for electronic monitoring (Cal. Ct. App.), 847
– – Intentional and material misrepresentation to carrier to misclassify work, suspects charged with making, 483
– – Louisiana

– – – Concealed payrolls and misrepresentation of workers uncovered, drywall contractor and wife charged, 943
– – – Insurance certificate forgery, cleaning service owner charged, part of state crackdown, 944

– – Marketing scheme to assist contractors in opting out, consultant charged (Cal. Super. Ct.), 27
– – Mass., construction and demolition contractor must pay damages after pleading guilty to failure to pay premiums or overtime and payroll record violations (Mass. Dist. Ct.), 727
– – Using shell companies and check cashing services to underpay premiums, roofing firm owner sentenced after guilty plea (Fla. Cir. Ct.), 765

– In navigation, worker's claims for injuries on vessel under construction rejected, unfinished vessel not subject to maritime law (S.D. Miss.), 895
– Legislative and regulatory roundup, 31; 63; 94; 157; 194; 267; 486; 728; 795
– State laws

See specific states

– Underpaying premiums, drywall firm owners plead guilty to paying workers in cash and off-the-books (S.D.N.Y.), 142

WOTC

See WORK OPPORTUNITY TAX CREDIT (WOTC)

WRONGFUL DEATH

See FATALITIES