On June 1, 2011, Commissioner of Labor Harold Wirths adopted new regulations relating to “maintenance work” under the Prevailing Wage Act. Last year, the New Jersey Legislature revised the definition of “maintenance work” to include “maintenance-related projects” that met certain criteria. The legislature did not, however, define “maintenance-related projects,” which led to speculation about the scope of such projects (e.g., whether it included projects such as troubleshooting, inspection, calibration, and other tasks not closely related to construction-type work). In the new regulations, the Commissioner provided the needed clarity, defining the term “maintenance-related project” to mean “a project related to the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.” This definition adheres to the construction-related concept at the heart of the Prevailing Wage Act.
In 2004, Florida voters approved a constitutional amendment that established a statewide minimum wage. The Florida minimum wage applies to all employees in the state who are covered by the federal minimum wage. The Florida minimum wage law requires a new minimum wage calculation each year on September 30. These calculations are based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1. If that calculation is higher than the federal rate, Florida’s minimum wage rate takes effect the following January.
The production of otherwise-confidential documents in employment discrimination cases continues to be addressed by federal courts at an increasing rate. The issue typically pits state-law protection for “peer review” documents against federal anti-discrimination laws and regulations, and has generated growing controversy among health care providers who routinely rely on the state-law protection afforded to such information. A federal district court in Michigan recently addressed a plaintiff/physician’s discovery subpoena to a non-party hospital for peer review records of “similarly situated” physicians, and granted that hospital‘s motion to quash the subpoena.
Most readers are likely now familiar with the initial travel guidance for international travel issued by the U.S. Centers for Disease Control and Prevention (CDC). Since then, governors have taken the lead in issuing orders related to COVID-19 for, among other things, closing businesses, mandating citizens stay home, and only permitting essential businesses to operate. Along with those orders, many have issued guidance related to quarantines for out-of-state travelers, including those who have only traveled domestically within the United States. Many of these orders are expressly aimed at discouraging interstate travel other than for essential services.