Labor (Compliance)

 

• Compliance with all relevant Federal employment and labor regulations, rules and statutes such as the Americans with Disabilities Act (ADA) (prohibiting discrimination against workers with disabilities and mandating reasonable accommodations, and is administered by the EEOC), Age Discrimination in Employment Act (ADEA) (prohibits age discrimination in employment, and is administered by the EEOC), Black Lung Benefits Act (BLBA) (provides monthly cash payments and medical benefits to coal miners totally disabled from pneumoconiosis – "black lung disease" – arising from their employment in the nation's coal mines), Civil Rights Act Title VII (Title VII) (prohibits all discrimination based on color, gender, national origin, race, religion, and is administered by the EEOC), Comprehensive Omnibus Budget Reconciliation Act (COBRA) (requires continuation of health care provisions as administered by EBSA), Consumer Credit Protection Act (CCPA) (governs employer garnishment of employee wages, and is administered by the DOL Wage and Hour Division), Copeland Act (the anti-kickback section prohibits a federal contractor from inducing any employee to sacrifice any part of his compensation as a kickback), Davis-Bacon Act (DBA) (requires payment of prevailing wages and benefits to employees of contractors engaged in federal government construction projects, and is administered by the DOL Wage and Hour Division), Department of Labor (DOL) (administers and enforces many employment and labor federal laws), Employee Benefits Security Administration (EBSA) (administers ERISA Title I, and imposes a wide range of fiduciary, disclosure and reporting requirements on fiduciaries of pension and welfare benefit plans and on others having dealings with these plans), Employee Retirement Income Security Act (ERISA) (regulates employers who offer pension or welfare benefit plans for their employees), Employment and Training Administration (ETA) (provides information relating to WARN), Energy Employees Occupational Illness Compensation Program Act (EEOICPA) (provides a lump-sum payment and prospective medical benefits to employees or certain of their survivors of the Department of Energy and its contractors and subcontractors as a result of cancer caused by exposure to radiation, beryllium or silica), Equal Employment Opportunity Commission (EEOC) (enforces Federal laws prohibiting employment discrimination), Equal Pay Act (EPA) (requires equal pay for equal work by men and women), Executive Order 11246 (requires federal construction contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity), Fair Labor Standards Act (FLSA) (prescribes standards for wages and overtime pay), Family and Medical Leave Act (FMLA) (requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent, and is administered by the DOL Wage and Hour Division), Federal Employees' Compensation Act (FECA) (establishes a comprehensive and exclusive workers' compensation program which pays compensation for the disability or death of a federal employee resulting from personal injury sustained while in the performance of duty), Federal Labor Relations Authority (FLRA) (establishes policies and dispute resolution for Federal employees and their managers), Federal Service Labor-Management Relations Act (FSLMRA) (applies to agencies and employees in the Federal sector), Health Insurance Portability and Accountability Act (HIPAA) (requires group plans health care portability requirements as administered by BBSA), Immigration and Nationality Act (INA) (covering nonimmigrant visa programs H-1B, H-1B1, H-1C, H2A), Labor-Management Reporting and Disclosure Act (LMRDA) (Landrum-Griffin Act) (attempts to protect union funds and to promote union democracy by requiring labor organizations to file annual financial reports, by requiring union officials, employers, and labor consultants to file reports regarding certain labor relations practices, and by establishing standards for the election of union officers), Labor Management Relations Act (Taft-Hartley) (amended the NLRA), Longshore and Harbor Workers' Compensation Act (LHWCA) (provides for compensation and medical care to certain maritime employees, including longshore workers or other persons in longshore operations, and any harbor worker, including a ship repairer, shipbuilder, and shipbreaker), McNamara-O'Hara Service Contract Act (MOSCA) (sets wage rates and other labor standards for employees of contractors furnishing services to the federal government, and is administered by the DOL Wage and Hour Division), Mine Safety and Health Act (MSHA) (Mine Act) (covers the health and safety of all mine workers), Mine Safety and Health Administration (MSHA) (administers the MSHA), National Labor Relations Act (NLRA) (governs the employer-employee bargaining and union relationship on a national level), National Labor Relations Board (NLRB) (issues regulations and rules and hears disputes between employers and employees arising under the NLRA), Norris-LaGuardia Act (NLA) (limited the power of federal courts to issue injunctions prohibiting unions from engaging in strikes and other coercive activities), Occupational Safety and Health Act (OSHA) (regulates health and safety conditions in most private industries), Occupational Safety and Health Administration (OSHA) (administers OSHA), Office of Federal Contract Compliance Programs (OFCCP) (administers and enforces federal contract-based civil rights laws that require most federal contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity, and also administers Executive Order 11246), Office of Labor-Management Standards (OLMS) (administers the OLMS), Office of the Assistant Secretary for Administration and Management's Civil Rights Center (OASAMCRC) (administers and enforces several federal assistance based civil rights laws requiring recipients of federal financial assistance from the DOL to provide equal opportunity), Office of Workers Compensation Programs (OWCP) (administers the LHWCA), Pension Benefit Guaranty Corporation (PBGC) (pursuant to ERISA Title IV requires receipt of premiums from an insurance system to protect certain kinds of retirement benefits), Railway Labor Act (RLA) (governs labor relations in the railway and airline industries), Uniformed Services Employment and Reemployment Rights Act (USERRA) (provide the right to reemployment with the employer for people who entered military service, including the reserves or National Guard), Veterans' Employment and Training Service (VETS) (administers the USERRA), Walsh-Healey Public Contracts Act (WHPCA) (requires payment of minimum wages and other labor standards by contractors providing materials and supplies to the federal government, and is administered by the DOL Wage and Hour Division), Worker Adjustment and Retraining Notification Act (WARN) (requires employers to give employees early warning of impending layoffs or plant closings).

 

• Compliance with all relevant state regulations, rules and statutes regarding employment and labor.

 

• Experience with New York construction-related accident litigation for injuries suffered and lost earnings pursuant to New York State Labor Law Sections 240-241, including whether a defense and indemnification obligation can be transferred to another party who actually performed the work at the job site, pursuant to either the hold harmless or additional insured contractual provisions of the insurance contract or through the “grave injury” exception of the New York Workers’ Compensation Law Section 11.

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    Last updated 200720_1923