On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete finisher by the contractor on the new FBI building being constructed at Redstone Arsenal outside of Huntsville, Alabama. While working
On June 18, 2024, Treasury and the IRS released the final rule for compliance with the prevailing wage and apprenticeship requirements (PWA requirements) pursuant to the Inflation Reduction Act of 2022 (IRA). This final rule is scheduled to be formally published on June 25, 2024.
The final rule includes important affirmations and clarifications of the
On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information about a job applicant’s compensation history when making employment decisions for certain positions.” The new rule would also require contractors and subcontractors to disclose
Following up on our prior blog posts (here and here) regarding employee stock ownership plans (ESOPs) generally for constructions companies, as well specific issues for consideration, this blog post evaluates the pros and cons of ESOPs overall.
ESOPs provide a tax-advantaged path for an exit strategy, and they can provide liquidity for
Following up on our first blog post about employee stock ownership plans (ESOPs) for construction companies, this post addresses surety bond requirements as well as the way in which ESOPs can incentivize employees and increase cash flow.
Construction companies are typically required to obtain surety bonds to guarantee a project owner
In recent years, a growing number of construction companies have established employee stock ownership plans (ESOPs). The interest in an ESOP is often generated by the need for an exit strategy for one or more of the owners of a closely held business, a common scenario in the construction industry. In fact, the construction industry
In December 2021, President Biden signed the UFLPA into law to restrict the import of goods mined, produced, or manufactured, in whole or in part, using forced labor from the Xinjiang Uygur Autonomous Region (XUAR), which we discussed here. A key feature of the law was its focus on polysilicon imports as a high-priority
Balancing work and motherhood raises age-old questions for women in virtually every industry. Amongst these are how to navigate work during both pregnancy and the transition back to work after the baby is born, which present specific challenges ranging from physical/medical constraints to privacy and logistical concerns. Those challenges may be amplified for expectant and
On November 8, 2022, the Department of Defense (DOD) issued a memorandum that provides details on a pilot program that allows government contractors owned 100% by an S-corporation employee stock ownership plan (ESOP) to receive a noncompetitive award for certain follow-on contracts. According to the memorandum, the program is limited to only nine “entities,” and
As part of the first “comprehensive regulatory review” in nearly 40 years, the Department of Labor (DOL) recently proposed to amend, update, and “modernize” the regulations at 29 CFR parts 1, 3, and 5, which implement the Davis-Bacon Act (DBA) and the Davis-Bacon Related Acts (collectively, the DBRA). The background on and an overview of