S.1 — 114th Congress (2015-2016) was introduced on January 6, 2015. Recently, it was passed by both the House (February 11, 2015) and Senate (January 29, 2015). The President has indicated he will veto the bill. Nevertheless, it is interesting to see what’s in the bill.
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Today, Pillsbury attorneys Julia Judish, Rebecca Carr Rizzo and Keith Hudolin published their client alert titled The Legal Landscape Rapidly Changes for D.C. Employers. The Alert discusses how District of Columbia employers now face and are soon to face a number of new laws affecting a wide range of issues, including wage payments, recording of hours worked, pregnancy accommodations, concealed weapons in the workplace, and the use of criminal background checks and drug testing during the hiring process. While most of the changes impose new requirements on employers, emergency legislation passed by the D.C. Council on February 3rd also contained a win for employers by changing existing D.C. law that had previously required that employers keep records of hours worked by both exempt and non-exempt employees. Employers must be aware of these new requirements, some of which require employers to change their current practices, and should carefully review their employee handbooks and other policies to ensure timely compliance.
If you have any questions about the content of this blog, please contact the Pillsbury attorney with whom you regularly work or Julia Judish, Rebecca Carr Rizzo, or Keith Hudolin, the authors of this blog.
The Washington State Department of Labor & Industries (“L&I”) is in the process of updating its electrical examinations to the 2014 National Electrical Code® (NEC®) and current versions of Washington electrical laws (Ch. 19.28 RCW) and rules (Ch. 296-46B WAC). L&I expects the revised exams to be in place on July 1, 2015. If an applicants first attempt to pass an electrical administrator exam is on or after July 1, 2015, the examination will be based on the 2014 NEC® and current Washington electrical laws and rules. If the applicant is re-taking an exam on or after July 1, 2015, the applicant will be able to re-test using the 2008 version until your one year test cycle ends; those applicants who have not successfully passed the exam by June 30, 2016 will start a new testing session with the 2014 version.
Additional Resource: Washington State Department of Labor & Industries; Electrical Currents, Vol. 19 No. 2 (Feb. 2015)
State contractor and tradesmen licensing laws, and the agencies responsible for issuing and regulating these licensees, vary across the nation. In California, the California Contractors State License Board issues licenses to general engineering contractors, general building contractors and specialty classifications for trades that require a license, including, by way of example only, electrical, warm-air heating, ventilating & air-conditioning (aka HVAC or HVACR), and plumbing. In some states, plumbing, electrical, and HVAC trades are licensed and regulated by separate agencies. Others states only require contractors to register. In other states, municipalities issue and regulate any required contractor’s licenses.
Below is a list of regulatory agencies across the nation that issue licenses (or require registration) with a link to their webpage(s) identifying the license classifications and trades subject to licensure (or registration). It does not identify all of the municipalities responsible for issuing and regulating contractors and tradesmen. It also does not include certification requirements, including for example, asbestos abatement certification, hazardous substance removal certification, electrician’s certification, or lead-safety certification, or permit requirements.
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The Washington State Department of Labor & Industries (“L&I”)Electrical Currents , Vol. 19 No. 2 (Feb. 2015) identifies legislative updates in 2015 that may be of interest to electrical contractors. None of the bills identified are sponsored by L&I:
House Bill 1315 – L&I’s summary of the bill: “Requires L&I to grant a variance from the allowed scope of work, upon application, to a specialty electrician, a master specialty electrician, or a specialty plumber under certain circumstances.”
House Bill 1375 – L&I’s summary of the bill: “Eliminates special immunities from prosecution for criminal trespass, whether those immunities have been legislatively granted to the government or to private persons or entities. This bill would compromise an inspector’s ability to gain access to ensure electrical work complies with state laws and rules, and require property owners to be present for an electrical inspection, which would significantly reduce the number of inspections that could be performed with current inspection staff.”
House Bill 1590 – L&I’s summary of the bill: “Requiring completion of an apprenticeship program to receive a journey level or residential specialty electrician certificate of competency.”
House Bill 1608 – L&I’s summary of the bill: “Addresses certified HVAC/refrigeration specialty electricians and certified appliance repair specialty electricians concerning replacement of household appliances.”
House Bill 1609 – L&I’s summary of the bill: “Exempts from the plumbing and electrical codes, minor or incidental work that does not require regulation for the protection of public health or safety.”
Senate Bill 5686 – L&I’s summary of the bill: “Removes the ability of the Electrical Board to hear appeals of decisions by the Office of Administrative Hearings. Decisions made by an administrative law judge would be a final order.”
Senate Bill 5281 – L&I’s summary of the bill: “Requires L&I to establish a 2,000 hour nonresidential security system specialty electrician certificate allowing a trainee to take the examination after 720 hours (or 90 days) of work experience and if successful, work alone installing these systems.”
Senate Bill 5282 – L&I’s summary of the bill: “Exempts from licensing requirements, and permit and inspection requirements under chapter 19.28 RCW, persons, firms, partnerships, corporations, and other entities for work limited to certain installations of security system wiring in one and two family dwellings.”
UPDATE: On May 14, 2015, Florida Governor Rick Scott signed Senate Bill 456 into law. This new law is effective July 1, 2015.
On January 22, 2015, Florida Senate Bill 456 was introduced, proposing to revise the methods by which a labor pool may pay day laborers. If signed into law, Senate Bill 456 would permit a labor pool to compensate day labors, paying them in cash, using a commonly accepted negotiable instrument that is payable in cash, on demand at a financial institution, and without discount, using a payroll debit card, or by electronic fund transfer to a financial institution designated by the day laborer.
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The Nevada State Contractors Board has an Overview of Contractor License Requirements for Nevada that addresses commonly asked questions about the general requirements for applying for a contractors license and the corresponding answers.
The topics addressed in the overview include:
The Arizona Registrar of Contractors (ROC) warns contractors that even if they have received a notice from the Department of Revenue stating: “If you are a contractor whose only business is to enter into contracts with the owner of real property for the maintenance, repair, replacement or alteration of existing property, beginning January 1, 2015, you do not need to have a transaction privilege tax (TPT) license,” Arizona Revised Statutes § 32-1122(B)(1)(h) requires all contractor license applicants and licensees to provide the ROC with a TPT license number to obtain or renew a contractor license. The ROC confirmed that it has asked the legislature to make these laws more consistent by removing this TPT requirement. However, it cautions that, until this change is made, contractors need to maintain their Arizona TPT license.
Recently, the California Contractors State License Board posted a link to the 2015 edition of the California Contractors License Law & Reference Book. This is an incredibly helpful resource if you are currently a contractor, subcontractor or materials supplier in California or if you may become one in the near future.
Today, the Nevada State Contractors Board (NSCB) issued an Industry Bulletin confirming that, in recent months, it “has been seeing an increase in the number of out-of-state solar manufacturers entering into contracts with licensed Nevada contractors to perform solar installation services for Nevada residents.” It noted that many of these out-of-state manufacturers do not possess a Nevada contractor’s license and the Nevada contractors performing installation services for such businesses are being disciplined by NSCB for aiding and abetting an unlicensed contractor.
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