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From Our Newsletter

Proposed New Overtime Salary Threshold

For the first time since 2004, the Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) that would change the current salary threshold to receive overtime. Currently, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. Under the NPRM, […]

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Summary Judgement Victory from CCL

Our Colorado attorneys, Danielle Maya and Dillon Fulcher, obtained a complete dismissal on summary judgment for one of our clients in a multi-million-dollar construction defect case. The owner complained of water intrusion allegedly caused by lack of proper ventilation between the interior and exterior of the structure. Although the owner’s expert opined that our client […]

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OSHA’s Clarification on Safety Incentive Programs & Post-Incident Drug Testing

In 2016, OSHA issued an anti-retaliation provision prohibiting employers from retaliating against employees for reporting workplace injuries. Since then, employers within the construction industry have been hesitant to implement safety incentive programs and conduct post-incident drug testing for fear of violating the new rule. OSHA recently clarified its position by stating that OSHA “does not […]

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Summary of Florida Senate Bill 674

Bill SB 674 is being proposed by the Florida Senate in the 2019 legislative session. This bill proposal is to amend the already existing Florida Statute 489.113, which governs the qualifications and restrictions for the practice of contracting. Bill SB 674 proposes to amend section 2 of the statute, which allows for non-certified and non-registered […]

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OSHA Flying into the 21st Century with Drones

Early last year, the Occupational Safety and Health Administration (OSHA) announced the start of an all new approach to its safety inspections—through drones. Since its introduction, at least nine inspections were conducted with camera-enabled drones. Of these nine inspections, the majority were used due to hazardous circumstances on-site such as a recent collapse, fire or […]

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In the Midst of an Opioid Crisis, Employers Should Update Employee Manuals

Many employers have a zero-tolerance policy directed at illegal drugs, but most do not have a prescription drug policy in place. Taking prescription drugs is not illegal, making it difficult for employers to institute policies that affect employees’ ability to medicate. Despite this difficulty, the country is currently experiencing an opioid epidemic that some have […]

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OSHA Updates Final Crane Operator Ruling

OSHA’s publication in the Federal Register on November 9, 2018, stated that the new requirements for crane operator certification took effect on December 10, 2018, and the requirements for employers to evaluate/document crane operators will take effect on February 7, 2019. In addition, OSHA declared that the new crane operator certification will be limited to certification based […]

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File Your Annual Reports by May 1

A new year means it’s once again time to dust off the corporate records book, file your annual reports with the state of Florida and evaluate whether your business is structured to provide you the highest level of asset protection and tax efficiency possible. Make sure you are actively reviewing your corporate structure to ensure […]

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Indemnity Provisions Upheld Despite Lack of Monetary Limitation

In CB Contractors, LLC v. Allens Steel Products, Inc., 2018 WL 6579215 (Fla. 5th DCA 2018), Florida’s Fifth District Court of Appeal held that only a “portion” of the indemnity provision in the contract was void and unenforceable for violating Section 725.06, Florida Statutes, leaving the majority of the provision intact. Section 725.06, Florida Statutes, […]

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DOL Releases Unofficial Maximum OSHA Penalties for 2019

Due to the recent government shutdown, the Department of Labor (“DOL”) Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule has been delayed. Despite this, the DOL released its pre-published version of the Final Rule on January 15, 2019. The pre-published version is subject to modification by the Office of the Federal […]

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