On December 7, 2021, a federal judge in Georgia issued a nationwide injunction preventing the Biden administration’s Covid – 19 vaccine mandate for federal contractors from going into effect. The injunction will remain in place until the court reaches a final decision on the matter, which could take several months. In ruling in favor of the various states that filed the lawsuit, the court found that President Bidens’s Administration likely [...]
The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor. The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees. Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]
President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure. The Executive Order does not create immediate changes, but calls for quick action by OSHA to update its guidance. The Executive Order requires OSHA to: issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic; consider whether any emergency temporary standards on [...]
There are few, if any, construction projects that were not impacted by COVID-19. Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be updated to address these impacts. Below are some provisions that you should review to address future COVID type situations. Notice Provisions Delivery of notices is a critical obligation under construction contracts. But, what if the [...]
We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms. And, with all the guidance out there, it may be difficult to figure out exactly what to do. We sifted through the various CDC guidance and other governmental regulations on this and compiled these best practices on responding [...]
Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. The EEOC has reminded employers of their obligations, even during the COVID-19 pandemic, to comply with federal anti-discrimination laws including the Americans With Disabilities Act. Recently, the EEOC provided guidance that appeared to allow employers [...]
Shelter in place orders abound throughout the country, yet construction continues to march on. As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential. Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work. Construction projects are [...]
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed and it contains a number of provisions that will benefit the construction industry, including, the Paycheck Protection Program, unemployment, and delayed payroll taxes. Below are a few of the highlights. Paycheck Protection Program This is a low interest loan program for small businesses that were operational since February 15, 2020 and had employees to whom it paid wages. [...]
Concerns surrounding COVID-19 are not just related to construction projects and contracts. You need to make sure you are personally ready to deal with COVID-19. Here is an article from one of my partners discussing the importance of putting in place Powers of Attorney to make sure you have someone making health care and financial decisions for you should you become incapacitated. https://www.ldmlaw.com/2020/03/why-your-covid-19-planning-should-include-durable-powers-of-attorney-for-health-care-and-finances/
COVID-19 is hampering all aspects of our lives, and the construction industry is no exception. As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner. And, it likely [...]
We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules. Have you given any thought about how the schedule on your project will be impacted? This could come in the way of a reduced labor force or scarcity of building materials. Perhaps it’s time to look at your contract to see how [...]
