Is the intoxicated worker’s injury exempt from reporting ?. . . No! In a March 21, 2016 letter of interpretation, OSHA determined that an intoxicated worker’s injury is not exempt from reporting under the work-related exception in Section 1904.5(b)(2)(vi). According to a personal injury attorney, section 1904.5(b)(2)(vi) states “You are not required to record injuries and illnesses if the injury … Read More
BACK TO BASICS: TENNESSEE LIEN LAW PART 4
In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language,” Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law, and Part 3 of 4 on “”Notice Requirements.” Wally completes his examination of the Tennessee lien … Read More
DOL Expands Definition of Joint Employment
On Wednesday, January 20, 2016, the U.S. Department of Labor’s Wage & Hour Division issued Administrator’s Interpretation No. 2016-1 that expands and explains the “joint employer” standard under the Fair Labor Standards Act (“FLSA”). Joint Employer It has been long established that an employee can have two or more employers for the work that he or she is performing under … Read More
OSHA Penalties to Increase Dramatically
The new bipartisan budget passed by both the House and Senate, and signed by President Obama on November 2, 2015, will increase the penalties issued by the Occupational Safety and Health Administration (OSHA) for the first time in over 25 years. Typically, federal agencies are able to raise their fines every year to keep pace with inflation but there was … Read More
Back to Basics: Tennessee Lien Law PART 3
In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language” and Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law POST 3 of 4 (Notice Requirements) In the first two posts in this series, Speaking the Lien … Read More
Back to Basics: Tennessee Lien Law PART 2
In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee lien law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language.” Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law Post 2 of 4 (Lien on What?) Under Tennessee lien law, a lienor may assert a lien when it performs work or furnishes … Read More
Back to Basics: Tennessee Lien Law
Back to Basics: Tennessee Lien Law Post 1 of 4 (Speaking the Lien Language) Arguably, the most important aspect of any construction project is not the construction itself but ensuring the contractor receives payment. If a contractor does not receive payment, the contractor may assert a mechanics’ and materialmen’s lien against the project and sell the underlying property to satisfy … Read More
New Pay Transparency Rule for Federal Contractors
Does your company have a policy that prevents your employees from discussing or disclosing their own pay or the pay of their co-workers? If you are a federal contractor or subcontractor, you better be aware of the new pay transparency rule that takes effect on January 11, 2016. This new rule comes from the Office of Federal Contract Compliance Programs … Read More
EPA: There’s a hole in my bucket
In May, the Environmental Protection Agency (EPA) issued the “Waters of the United States” rule, which expanded the scope of federal regulation over water and land use. Thirteen states joined together in a lawsuit filed in North Dakota asserting the new rule threatened state sovereignty because EPA claimed jurisdiction over wetlands and waters that were subject to state regulation and … Read More
Federal Bill Introduced to Address NLRB’s Recent “Joint Employer” Ruling
On September 9, Tennessee Senator Lamar Alexander (R), along with 35 co-sponsors in the Senate and 25 co-sponsors in the House, filed legislation to force the NLRB to return to the decades old “joint employer” standard. The NLRB overturned the prior standard on August 27 in Browning-Ferris Industries of California. As recently discussed by LT lawyer Jason Pannu in this blog post, the … Read More