Colorado bill set to make wage theft a felony 

Colorado in map of the United States

From ConstructionDive, Kim Slowey reports on a Colorado bill that increases the penalties for not paying wages due to employees. Kim writes: The Colorado General Assembly’s House Judiciary Committee approved a proposed wage theft bill that would make intentional underpayment of certain wages a criminal offense. In Colorado it is a misdemeanor to willfully short employees on…

Contractor can’t sue as third-party beneficiary

Massachusetts Map

From Massachusetts Lawyers Weekly, Kris Olson reports that a contractor cannot sue the client of the party with which the contractor had an agreement. Kim writes: A contractor’s breach of contract claim against the company that created preliminary designs for a project should be dismissed because the contractor was not an intended beneficiary of the…

Don’t Forget, Contractors Are People Too 

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From Lexology, Epstein Becker Green reminds everyone that New York’s Stop Sexual Harassment in NYC Act is now effective and includes rules for independent contractors: The Stop Sexual Harassment in NYC Act is now in effect. New York employers must provide annual anti-harassment training for their workers, and there are specific rules that apply to…

Tell everybody: Confidentiality clauses may violate employees’ section 7 rights

Arbitration agreement with gavel and blue background

From Lexology,  Eniola O. Akinrinade and Michele Haydel Gehrke report on a recent decision by an administrative law judge that confidentiality clauses in arbitration agreements may violate the National Labor Relations Act. Eniola and Michele write: In a recent decision issued on March 21, 2019, an administrative law judge (ALJ) held that confidentiality clauses in arbitration agreements…

Foreign manufacturer misclassifies Mass. sales rep as contractor

Massachusetts Map

From Massachusetts Lawyers Weekly, Eric T. Berkman discusses a recent Massachusetts case in which a sales representative was determined to be an employee under Massachusetts’ ABC test. Eric writes:  A Massachusetts resident who provided outside sales services to a Taiwanese manufacturer was misclassified as an independent contractor and entitled to Wage Act protections, a U.S.…