A number of new laws were passed in Texas this past legislative session that impact the construction industry, including changes to the mechanic’s lien laws and the statute allowing for the recovery of attorney’s fees in certain civil cases […]
In a big win for the energy industry, and in particular the energy-service industry, Judge Morales of the Southern District of Texas—Corpus Christi Division—recently dismissed an overtime lawsuit brought by Plaintiff Marcus Hargrave, ultimately […]
In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract. Even where the […]
We all know that online terms of use, terms of service, terms and conditions and the like are almost always one-sided in favor of the website operator. We also know that the average website user does not actually read these terms. A common provision […]
A recent case before the Fifth Circuit Court of Appeals1 determined that a “Project Completion Incentive” applying to employees on a construction project (the “Plan”) was not governed by the Employee Retirement Income Security […]
In the last two months, the United States District Court for the Southern District of New York has ruled against the U.S. Department of Labor (DOL) twice, most recently on September 8, 2020. In both cases, the court sided with states challenging rules […]
If you work in the construction industry, there’s a good chance that you have heard a heartbreaking story about an accident that occurred at a construction site which resulted in serious injury or death to one or more construction worker(s). Unfortunately […]
In the last two months, the United States District Court for the Southern District of New York has ruled against the U.S. Department of Labor (DOL) twice, most recently on September 8, 2020. In both cases, the court sided with states challenging rules […]
As the number of COVID-19 cases reach 45,000 in Harris County as of July 13, 2020, which includes the city of Houston, Governor Greg Abbott has halted additional reopening phases but has been reluctant to extend the “stay home, work safe” […]
While the media is currently distracted from the Coronavirus, the economy is still struggling to reopen from the shut downs Coronavirus caused. As businesses reopen, employers are obligated under the Occupational Safety and Health Act of 1970 (& […]
U.S. immigration law remains dynamic and ever changing especially with the impact of COVID-19, Congressional gridlock and the political differences in advance of the upcoming election. This article highlights issues that will affect employers and […]
Recognizing that disruptions caused by the COVID-19 national emergency are interfering with, and in some cases preventing, motor carrier employer and driver compliance with current drug and alcohol testing requirements, the United States Department of […]