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Client Alerts

Judge Rejects NLRB – McDonald's Settlement in 'Joint-Employer' Case

The latest chapter in the ongoing joint-employer case between McDonald's USA, LLC ("McDonald's) and the National Labor Relations Board (NLRB) was written on Tuesday, as an administrative law judge ("ALJ") rejected a proposed settlement between...
by Stites & Harbison, PLLC July 20, 2018
Client Alerts

The Ultimate Battle to Enforce Timely Payments

A recent study reports that 88 percent of contractors receive slow payments on construction projects nationwide.1 The report further finds that untimely payments cause lower tier subcontractors to shoulder approximately $40 billion dollars each year...
by Stites & Harbison, PLLC July 17, 2018
Client Alerts

Quick-Service Restaurant Chains Agree to End 'No-Poach' Restrictions

A typical provision in franchise agreements, known as a "no-poach" or "no-switching" clause, prohibits the franchisee from hiring employees employed by other franchisees in the same system. Seven (7) large fast-food franchisors have agreed to...
by Michael C. White July 16, 2018
Client Alerts

NLRB Sets Path for Rulemaking Resolution of the Joint Employer Standard

The latest news regarding a possible path for resolution of the standard by which a franchisor may be held to be a “joint employer” of its franchisees’ employees, and thus liable for those employees’ claims...
by Michael C. White June 21, 2018
Client Alerts

The steel tariff. What does it mean to the construction industry and to individual steel fabricators?

As of mid-June the administration’s Section 232¹ 25% steel tariff will have been a topic of discussion for over three months. Some aspects of the tariffs have become clearer than they were when the tariff was first announced in March.

by Steven M. Henderson , Gregory P. Parsons , and David B. Ratterman June 13, 2018
Client Alerts

Doing the Right Thing, But Not Doing It Right, Can Be Fatal: The False Claims Act

Today, there are more programs than ever at the federal, state and local levels to ensure the participation of small businesses in contracting opportunities. Congress, as well as many state and local legislators, have enacted...
by Stites & Harbison, PLLC May 11, 2018
Client Alerts

Kentucky Amends Public-Private Partnership Laws to Reduce Red Tape

In 2016, Kentucky enacted legislation that opened the door for innovative market-driven solutions for infrastructure projects through the use of public-private partnerships (“P3”). P3 allows for a contractual agreement between a public owner and a...
by Steven M. Henderson April 20, 2018
Client Alerts

Waters of the United States Forecast: Continued Cloudiness, No End in Sight

In previous alerts we addressed the continued national confusion about the nature and extent of federal jurisdiction over properties exhibiting “waters of the United States” asking, “What Are Waters of the United States” and “Why It Matters.”

by William T. Gorton III March 19, 2018