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Take Labor Law § 200 Seriously… Seriously

Wednesday, September 1st, 2021

Labor Law § 200 isn’t flashy, it doesn’t rely on an archaic set of regulations that hasn’t been updated in years, it’s simple and straightforward, yet it repeatedly trips up attorneys who aren’t paying it the respect it deserves.  Labor Law § 200 matters, and in this article, attorney Eric S. Bernhardt will tell you why it matters and what needs to be considered when defending a claim under this statute.

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Common Law Indemnification - A Primer

Wednesday, April 7th, 2021

Utilizing Common Law Indemnity as a Risk Transfer mechanism in Labor Law cases, this article analyzes when Common Law Indemnity is available, to which entities it is available and how best to either obtain or avoid indemnity depending on your position in the specific situation.  Attorney Brian F. Mark also addresses the interplay of Common Law Indemnity with Contractual Indemnity as a Risk Transfer strategy.

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Construction Managers, Are You Exposing Yourselves to Labor Law Liability?

Wednesday, February 3rd, 2021

Labor Law attorney Timothy Welch offers insight into the potential Labor Law pitfalls for construction managers.

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Contractual Indemnification in Labor Law §§ 240(1) and 200 Cases and the Different Applications Between Construction Contracts and Leases

Wednesday, January 6th, 2021

This primer discusses the General Obligations Law §§ 5-322.1 and 5-321 in the context of contractual indemnification claims involving Labor Law §§ 240(1) and 200 cases.  

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In For a Penny, Out For a Pound, Due to an Exclusion Mishap

Wednesday, September 2nd, 2020

Attorneys Michael J. Dischley and Lawrence M. Ross examine choices made by subcontractors or vendors in selecting commercial general liability insurance coverage that can unexpectedly harm the owner/general contractor, let alone, the subcontractor. 

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Examining Risk Transfer in Construction Agreements

Friday, July 10th, 2020

Well written risk transfer clauses are essential in the defense of a construction site accident and may mean the difference between the continuation or failure of an owner’s or general contractor’s family business.

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As OSHA Returns to Pre-COVID-19 In-Person Inspections, OSHA Says Employers Must Make Efforts to Find Out If An Employee’s COVID-19 Is Work-Related – But How?

Wednesday, May 20th, 2020

On May 19, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it is increasing in-person inspections at all types of workplaces, and it will now enforce the recordkeeping requirements for employee coronavirus illnesses for all employers.

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You’re a Defendant in a Labor Law Case, But Should You Be?

Monday, June 3rd, 2019

The purpose of the New York Labor Law is to ensure a safe work place by imposing liability on owners and contractors for the failure of an employer to provide a safe place to work.  No matter which of the three main sections—§ 240(1), § 241(6), or § 200—was allegedly violated, there are four criteria that will determine the applicability of the Labor Law to the case--do you know them?

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