Industry News

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

Industry Issues to Be Aware of (5)

June 4, 2012 | from AdminBerenson | No Comments »

Georgia: Continuing education requirements for Georgia contractors have taken effect. In 2012, an applicant for renewal of his residential license must have completed 3 hours of acceptable continuing education for a Residential Basic license and 6 hours of continuing education for a Residential Light Commercial license. Massachusetts: In 2011, the Commonwealth’s Joint Enforcement Task Force […]

Read More

Industry Issues to Be Aware Of (4)

May 31, 2012 | from AdminBerenson | No Comments »

EPA: The EPA has fined 2 companies for violations of the Renovation, Repair and Painting Rule. Valiant Home Remodelers of Carteret, N.J., will pay $1,500 to for failing to follow lead-safe work practices. Johnson Sash & Door of Omaha, Neb., will pay $5,558 for failing to delivery the “Renovate Right” pamphlet. Florida: Floridians can now […]

Read More

Ohio Enacts “Right to Cure” for Consumer Lawsuits Against Contractors, Lenders, and Manufacturers

May 22, 2012 | from AdminBerenson | No Comments »

Last month Ohio Governor John Kasich signed House Bill 275 into law, which allows Ohio businesses to offer to “cure” a complaint brought by a consumer under the Ohio Consumer Sales Practices Act (“CSPA”). The CSPA, like most broadly worded consumer protection statutes, generally prohibits a business from engaging in “deceptive” or “misleading” practices with […]

Read More

Industry Issues to Be Aware Of (3)

March 6, 2012 | from AdminBerenson | No Comments »

California: Joining Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Missouri, Montana, Utah and Washington, the California Labor Commissioner has signed a memorandum of understanding with the U.S. Department of Labor to jointly focus on misclassification of employees as independent contractors. Arizona: The Arizona House Ways and Means Committee recently approved legislation to limit to three […]

Read More