Under Construction - October 2019


Letter from the Editor

Welcome to the fall edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish the year strong and profitable.

Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on company property? In this issue, we start off with an article that dives into a recent court decision in Utah where this question was addressed.

Next, we have an article about the new Dynamex ABC Test in California that will be used to determine who is considered to be an independent contractor. This article will explain the test and look at possible outcomes. This new law should have a big impact on the construction industry in California.

In September, the National Labor Relations Board overruled established legal precedent, which gives unionized employers more flexibility managing their workforces. Our next article describes that under the new standard adopted by the Board, a contract coverage test will be implemented to determine if an employer may alter terms and conditions of employment affecting union-represented employees.

Colorado’s legislature had a busy summer session, which included the passing of HB1170. This new law strengthens tenant protections under the implied warranty of habitability, and our next article explains how landlord and tenants alike are now facing the results.

Lastly, we take a look at Arizona’s Registrar of Contractors and how important the agency is for businesses in the construction industry in Arizona.

We hope you will find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. We hope you have a profitable, busy and safe fall season! Enjoy the fall colors and weather.

James J. Sienicki

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