The General Assembly significantly changed the law in 2020 when it imposed potential liability on general contractors for the improper employment practices of their subcontractors. The General Assembly recently modified this law again to provide an express defense to joint liability.
Virginia’s progression toward becoming one of the most employee-friendly states in the country continues with Governor Northam’s recent signing of the Virginia Overtime Wage Act (“VOWA”). The law goes into effect July 1, 2021, so Virginia employers need to take note quickly.
As of Friday, January 15, 2021, OSHA penalties will increase in accordance with the Federal Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Act”).
We are beginning to see courts issue rulings on when the COVID-19 pandemic excuses a party from performance. Two trends have emerged in the federal decisions that we summarize in this post. Ultimately, it appears that parties cannot use COVID-19 to excuse obligations that were in their control, but they can expect a thorough and critical analysis of their position.
In an article published by Construction Executive on July 21, Hirschler construction lawyers Kelly Bundy and Liz Burneson examine a contractor’s potential liability for employee wages if the contractor is deemed a joint employer with its subcontractors and staffing agencies.
Hirschler construction lawyer Kelly Bundy’s article on impossibility, impracticability and frustration of purpose in the age of COVID-19 has been published as part of the ABA Construction Law Forum’s “Under Construction” series.
A recent federal case reinforces the need for strict compliance with Miller Act notice requirements to secure recovery on a payment bond.
Communications between a general contractor and sub-sub prove critical in enabling a sub-sub to recover directly from the general contractor in this new Virginia Supreme Court case.
The General Assembly, in its 2020 session, passed new legislation (codified at new Virginia Code §11.4-6 and in amended and reenacted Virginia Code § 40.1-29) that makes Virginia general contractors jointly and severally liable for its subcontractors’ employee wages if the general contractor knew or should have known that the subcontractor was not paying its employees. The new law goes into effect on July 1, 2020.
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- New Defense to Joint Liability Available to Contractors
- What Employers Need to Know About Virginia’s New Overtime Wage Act
- OSHA Increases Amounts of Civil Penalties for 2021
- Have Force Majeure Defenses Based on COVID-19 Been Successful This Year?
- Kelly Bundy and Liz Burneson Publish Article on Joint Employer Status in Construction Executive
- Kelly Bundy Authors Article for ABA Construction Law Forum’s “Under Construction” Series
- Miller Act Notice More Than 90 Days Before A Subcontractor’s Final Day of Work Held Untimely
- Virginia Supreme Court Allows Sub-Sub Material Supplier To Recover Directly From General Contractor For Unpaid Material
- New Virginia Law Can Make General Contractors Liable for Subcontractors' Employee Wages
- OSHA Changes Course on COVID-19 Record-Keeping Requirements
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