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From Our Newsletter

Department of Labor Overtime Final Ruling

On September 27, 2019, the Department of Labor issued a final rule on overtime, officially named “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees,” which updates and revises the “white-collar” overtime exemption regulations under the Fair Labor Standards Act. The final rule updates earnings thresholds necessary to exempt executive, […]

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OSHA’s August 15th Request for Information on Silica

As many of you are aware, on March 25, 2016, OSHA issued new standards governing the potential exposure limit (“PEL”) for Respirable Crystalline Silica (“RCS”).    On August 15, 2019, OSHA issued a Request for Information (“RFI”) seeking information concerning this regulation and its implementation under Table 1 of the 2016 RCS standard for construction.  Table […]

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Hilary Morgan Board Certified in Construction Law

Tampa, FL, July 31, 2019 – Cotney Construction Law (CCL) is proud to announce that effective August 1, 2019, attorney Hilary Morgan will be Florida Bar Board Certified in Construction Law. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and reputation for professionalism and ethics in their practice. “This […]

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New Bill for OSHA Heat Standard

From military branches to various states, many different heat prevention guidelines have been promulgated; however, there is still no federal standard for heat prevention. For this reason, a new construction bill is in the works. Introduced on July 10, 2019 and referred to the House Committee on Education and Labor, the bill, H.R. 3668, would […]

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Appellate Court Declares Arbitration Provision in Home Builder’s Warranty Deed is Binding on Subsequent Homeowner

The Second District Court of Appeals has recently declared that the arbitration provision contained within the warranty deed of a single-family home was binding on subsequent homeowners. In Hayslip v. U.S. Home Corporation, Case No. 2D17-4372 (July 10, 2019), the plaintiff homeowners (the Hayslip’s) sued U.S. Home for allegedly inadequately and improperly installing a stucco […]

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Social Security No Match Letters Are Back! What Does That Mean For You?

In December 2018, the Social Security Administration (SSA) announced that beginning in March 2019, it would begin mailing letters to employers where a name and/or social security number did not match the SSA’s records. These “No Match” letters are not new—they have been around since the 1990s—but they have not been issued since 2012 and […]

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Appellate Court Clarifies Liability for Spoliation of Evidence

The Fifth Circuit Court of Appeals recently provided some clarification regarding potential liability that can result from discarding materials that could be evidence in a lawsuit. In Shamrock-Shamrock, Inc. v. Remark, Case No. 5D18-1987 (Apr. 26, 2019), a land developer sued the City of Daytona Beach and its Planning Board for denying a rezoning petition, allegedly […]

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OSHA Enforcement Set to Increase

On April 3, 2019, Labor Secretary Alexander Acosta testified before a subcommittee of the U.S. House of Representatives on behalf of President Trump and the Department of Labor. In addition to testifying, Acosta submitted a seventeen-page report outlining the Department of Labor’s plans for fiscal year 2020 and beyond. Acosta made a number of statements […]

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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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