Monday, November 17th, 2008

9th Circuit: Davis-Bacon Act Enforcement

The 9th Circuit, in a panel that included District of Alaska Judge John Sedwick, has affirmed the Department of Labor’s judgment that a non-union contractor underpaid its roofing employees by a) claiming excessive credit for contributions to a non-union industry apprenticeship training fund; and b) paying apprenticeship wages to employees who were not registered with a […]

Monday, November 17th, 2008

Internal Investigation: Defense Counsel as Investigator

When several employees alleged a hostile work environment created by several supervisors,  the employer hired its regular outside labor counsel to conduct the investigation.  He tape-recorded some (perhaps not all) of the interviews.  He rendered an opinion to the employer, apparently that no HWE existed.  When the employees filed a lawsuit against both the employer and several […]