Many green industry companies rely on H-2B visas to hire seasonal workers from outside the U.S. H-2B workers are covered by the Fair Labor Standards Act (FLSA), and the H-2B program imposes additional requirements on employers, such as providing records, paying certain expenses, and posting legal notices about worker rights.
As one Colorado landscaper recently discovered, violating H-2B workers’ rights can be financially devastating. The U.S. Department of Labor (DOL) recently shared the outcome of their investigation of Parkside Landscaping, Inc., a Denver-area business. Parkside failed to pay the prevailing wage specified in […]
“Will you look at my contracts and make sure they are good?” Our attorneys hear this frequently from contractors. So what does a good contract look like?
First, every contract is different. What works for some industries may not work in others. That said, several basic items should be addressed in every landscape installation contract.
Scope of Work. What will you be doing for the customer? What type of project is it? Be specific. The scope of work for each contract should be different and apply specifically to that customer and project. Let’s use a patio as […]
The proposed changes to Minnesota’s retainage law we had posted about previously were signed into law by Governor Dayton on May 19, 2016. Here are the basics about the changes to the law and what they mean for your business.
The revised statute permits contractors and subcontractors to stop work on a project if they are not paid within ten days after an undisputed payment is due. They are not required to continue work until they are paid. It will also allow recovery of interest, court costs, and attorney’s fees if civil suit is […]
Many subcontractors and material suppliers have complaints about Minnesota’s current retainage law because it does not set a limit on how much of the contract price contractors are allowed to retain in building and construction contracts. Additionally, the law does not provide a time frame for when the retainage has to be paid to the subcontractors or material suppliers, potentially resulting in unnecessary delays for those parties to receive payment. Recently, a new bill addressing these and additional issues was introduced to the House and the Senate.
The bill proposes three major changes. First is a 5% cap on […]