Archives: March 2013

EEOC to Contractors — Start Hiring Convicted Felons!

March 22, 2013 | from AdminBerenson | No Comments »

Our friends at the Equal Employment Opportunity Commission (“EEOC”) have recently decided that “equal opportunity” should include convicted felons. That is according to a bizarre and confusing “guidance report” recently issued by the EEOC directing employers to hire more felons and other ex-offenders. And if you refuse? Well, then you risk committing a federal crime. […]

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BBB Email Scam

December 11, 2012 | from AdminBerenson | No Comments »

A growing number of businesses and individuals are reporting receiving a fake email allegedly from the Better Business Bureau stating either that a complaint has been filed against their business or that a customer has submitted a review of their business. The email asks that you to download and complete an attached form or to […]

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Berenson LLP to Host 2-Day NAPAC Seminar

November 13, 2012 | from AdminBerenson | No Comments »

Join us for a jam-packed two-day legal/operational seminar with the nation’s top industry attorneys covering the issues you need to know to profit and protect yourself for 2013 as a remodeling and home improvement contractor, and what’s “in store” for the industry. This private, grass-roots seminar will be filled with counseling unavailable anywhere else, plus […]

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Industry Issues to Be Aware Of (10)

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Indiana: Already at the vanguard of the crackdown on unwanted telemarketing calls, Indiana officials are considering additional steps and amendments to existing law to reduce the number of auto-dialed telemarketing calls, which they claim has skyrocketed in 2012. North Carolina: In a warning that contractors should be expecting increased worker reclassification audits, Governor Beverly Perdue […]

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Industry Issues to Be Aware Of (9)

September 20, 2012 | from AdminBerenson | No Comments »

Louisiana: Independent Contractor Poster Law. As a result of the recent amendment to Louisiana’s unemployment insurance law, contractors must post in a prominent and accessible location at each office, a poster that describes the responsibilities of independent contractors to pay taxes as required by state and federal laws, the rights of employees to workers’ compensation […]

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FTC Continues Attack on Window Contractors

August 30, 2012 | from AdminBerenson | No Comments »

As we have previously warned, the Federal Trade Commission (“FTC”) is continuing its “second phase” non-public investigation against select window manufacturers and contractors. The first phase concluded some months ago and made headlines as the FTC entered into consent decrees with Gorell Enterprises, Long Fence & Home, Serious Energy, THV Holdings, and Winchester Industries. This […]

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Industry Issues to Be Aware Of (8)

August 9, 2012 | from AdminBerenson | No Comments »

Kansas: DNC Violations Reported. The Kansas Attorney General has fined two out-of-state construction companies for violating the Kansas No-Call Act. Walley’s Heartland Construction, of Omaha, Nebraska, paid a $10,000 penalty as a result of making unwanted telephone solicitations. Kansas also received a $40,000 default judgment against Countrywide Shingle and Siding of Golden, Colorado. Maryland: New […]

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Industry Issues to Be Aware Of (7)

July 26, 2012 | from AdminBerenson | No Comments »

Illinois: On insurance-backed remodeling work (such as for a storm-chasing job), a contractor: 1. Cannot offer a discount on the insurance work. 2. Cannot assist the homeowner with the filing of the insurance claim. 3. Must include its roofing contractor’s license number in the contract, if performing roof work. 4. Cannot start work until the […]

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Industry Issues to Be Aware Of (6)

July 19, 2012 | from AdminBerenson | No Comments »

Connecticut: A Connecticut court ruled that a mechanic’s lien can be valid and enforceable despite an error in completing paperwork because the error did not prejudice the homeowner’s right nor was the error made in bad faith. Indiana: On insurance-backed remodeling work (such as for a storm-chasing job), Indiana law now requires that the home […]

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The REAL Reason the Supreme Court’s Ruling on Sales Representatives Is Important for Contractors

July 11, 2012 | from AdminBerenson | No Comments »

The Fair Labor Standards Act (“FLSA”) has always had an exemption for outside sales representatives – we frequently use it in defending audits by the Department of Labor (“DOL”) against contractors. The FLSA defines an outside salesman, in part, as any employee whose primary duty is making any sale. The definition seems simple enough, and […]

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