In a groundbreaking move aimed at fostering fair competition and empowering workers, the Federal Trade Commission (FTC) issued a final rule last week to ban noncompete agreements nationwide. This ruling may carry profound implications for the construction industry, prompting construction businesses to reassess their practices and ensure compliance while maintaining competitiveness. Let’s explore how
Legislation
Owners Can Get Cake and Icing Under New Tennessee Lien Law
Seems like last week I was just celebrating one kid’s birthday and I had to do it again last night! Oh, that’s right, I have seven kids with two birthdays in September. So, it was not a dream?!?!?! Although they both got to choose their own family dinner destination, we are going to have one…
Disney Dad Reports About New Limitations Period for Construction Claims in Florida
As a father of seven children, my wife has often accused me of being Disney Dad−something to do with the allegation that I am the “fun” parent who takes the children to movies all the time, serves ice cream for breakfast, and lets them sleep in their clothes at bedtime. Never have…never did.
While…
How Construction May Be Affected by President Trump’s Executive Orders on Immigration
With all the talk about billions of dollars of investment in infrastructure and sweeping reversal of prior executive orders affecting construction labor and federal contracts, it should come as no surprise that President Trump’s recent executive orders on immigration may have an affect on the construction industry.
What Happened? Beginning on January 25, 2017, the…
Texas Court Gobble-Gobbles New Federal Overtime Rules
On this Thanksgiving Eve, contractors and other employers can take a breathe and gobble down some extra turkey and pumpkin pie without worrying about the new increases in overtime rules.
On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from…
Do Your Employees and Construction Laborers Belong to You? Depends.
When walking through the mall or the grocery store with my children, I inevitably get asked, “Are they all yours?” Depending on my mood, I may or may not claim them all. As a general contractor, you will want to know the law on whether laborers hired through a staffing company will be considered “yours”…
TN Passes Legislation on What Constitutes “Good and Solvent” Surety Bonds for Construction Projects
I just received an update from Kent Starwalt at the Tennessee Association of Road Builders and Brian Egan, Construction Division Director at TDOT, regarding new state requirements for payment and performance bonds in Tennessee. The requirements apply to "contractors entering into contracts with any city, county or state authority for public works within this state."…
Tennessee Approves Pilot Program for CM/GC Project Delivery on Select TDOT Projects
It has been some time in the making, but on May 13, 2013, Governor Haslam signed into law HB-0183, which authorizes a pilot program for the use of a construction manager / general contractor (CM/GC) project deliver method in the development and construction of transportation projects.
Generally, the CM/GC project delivery method allows…
General Assembly Moves to Repeal Tennessee’s Prevailing Wage Act
When I moved to Nashville in 2006, I was sworn into the Tennessee bar by a local judge. My partner happened to be in trial on a significant prevailing wage dispute, and the court a break during the trial to admit me to the practice of law in Tennessee. Five minutes later, the parties returned…
Contractors: What is UETA and Why Should You Care?
Given the increase of today’s mobile technologies available on the construction site … from smart phones, to iPads and tablets, to electronic drawings and specifications … there are going to be new disputes involving those technologies. Today’s post addresses the use of EMAILS on a project.
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