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DOL Announces $13,500 Settlement With Contractor for Preventable Death

The U.S. Department of Labor announced a $13,500 settlement with a New Jersey contractor it says could have prevented a fatal fall. The department said a 39-year-old worker fell five stories…




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Contractor Faces $819,417 in Penalties for Fall Hazards

The federal Occupational Safety and Health Administration proposed $819,417 in penalties for a New Jersey contractor that it says has a history of exposing workers to potentially deadly fall hazards. OSHA…




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Federal Court Reinstates Injured Worker's Civil Suit Against Crane Contractor

A federal appellate court revived an injured worker’s suit against a crane contractor, finding there were triable questions as to whether the crane operator allegedly responsible for his injuries was…




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP…




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Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…




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Governor Signs Bill to Delay Comp Mandate for Contractors

California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a…




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Cal/OSHA Cites Farm Labor Contractor for Heat Violations

The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in…




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Contractor Has Immunity From Civil Liability to Injured Worker

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.




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Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




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Supreme Court Says Employer Can't Contract to Create Liability for Negligence

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…




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DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors

The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver…




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Contractor Fined for Safety Violations That Caused Worker's Death

Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part…




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Independent Contractor Can't Get Benefits for Injuries

The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante…




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Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim

A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…




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Report: DOE Awards New Contract for Hanford Comp Claims

The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City…




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Work Comp Matters - Free Weekly Podcast - Episode 43: Renewing the Contract

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Episode 96: Kristen Chavez and WorkCompCentral

This week on Work Comp matters Steve interviews the President and CEO of Work Comp Central, Kristen Chavez. In addition to talking about how she started at the company, Kristen…




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Grievously Injured Worker Bound by Limitations Period Shortened by Contract He Signed as Teen

A divided Michigan Court of Appeals upheld the dismissal of a tort claim saying the injured worker agreed to a shorter statute of limitations in a contract he signed as…




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OSHA Fines Contractor for Exposing Workers to Deadly Falls

The federal Occupational Safety and Health Administration cited a contractor in Crystal Lake, Illinois, for allegedly exposing workers to fall hazards. OSHA said it fined 595 Construction LLC $287,465 for one…




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WorkCompCentral Annual Rating Event

This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding…




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2023 WorkCompCentral Annual Rating Workshop

This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding…




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Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier

The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s…




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Construction Labor Contractors Charged With Fraud

Federal prosecutors in Florida announced that five people were indicted on fraud charges for an alleged labor contracting scheme that was structured to avoid payroll taxes and comp coverage. The U.S.




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OSHA Cites Contractors for Fatal Fall

The federal Occupational Safety and Health Administration cited two contractors that it said could have prevented a fatal accident if they followed workplace safety rules. Jorge De La Torre, 27, died…




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Signs and color contrast

Color contrast

The article will explore the meaning of color and how to differentiate color in information layers.

Contrast between the foreground and background is one of the most important factors for the ease of reading. If coloured text is used on a bright background the contrast will be weak, for optimal contrast results is white text against dark colored backgrounds. In signage & wayfinding design color is the combining factor to harmonize the sign with the environment. Color programs will distinguish signs from each other and can offer an indication of the message without having to be able to understand the language of the sign.

Basics of color groups: Color wheel

Swiss painter and designer Johannes Itten created a color wheel that is a organization of 12 color hues around in a circle showing relationships between the colors. The colors are presented in the following way:

  • Primary colors: Blue, red & yellow
  • Secondary colors: Green, orange & violet
  • Complementary colors: Red–orange, red–violet, yellow–orange, yellow–green, blue–violet & blue–green.

Goethe’s Theory of Colours provided the first systematic study of the physiological effects of color (1810). His observations on the effect of opposed colors led him to a symmetric arrangement of his color wheel, “for the colours diametrically opposed to each other… are those which reciprocally evoke each other in the eye.” (Goethe, Theory of Colours, 1810)
Wikipedia

A Color Wheel is an abstract illustrative organization of color hues around a circle that shows relationships between primary colors, secondary colors and complementary colors. Knowing the relationship between colors is the first step in developing a color scheme for signage and wayfinding systems.

Color contrast by science

Arthur & Passini described in their book Wayfinding from 1992 a reliable calculating method to calculate the contrast difference between two colors. The formula is based on the light reflectancy (LR) readings in percentages for each of the two colors involved. By substracting the darker color from the lighter color, divided by the difference by the lighter, and multiplying by 100, we get brightness differential. When the brightness differential is 70 percent or higher the legibility is assured. When it is less, the legibility cannot be assured and those colors should not be using in that combination.

Color examples and meaning

Black is associated with power, elegance, formality, death, evil, and mystery.

With a black background the lettering tends to stand out more onto to background than with other colored backgrounds. Black is one of the few surfaces that lets other colored text work great together. Beware of too small lettering with too high contrast (white lettering), these will lead to less legibility of the text because of overwhelming background. With large lettering white on black works great. Also yellow on black is a good combination.

Advisable work areas: Airport signage, office building signs, visual overwhelming environments, hotel signage, indoor usage.

White is associated with light, goodness, innocence, purity, and virginity. It is considered to be the color of perfection.

White background surface gives the most workable combinations, but beware of that white can absorb its environment. Black lettering tends to be squeezed into the background making it hard to read. Lower contrast lettering gives better results like blue, orange and red.

White backgrounds can be used specific sign projects where design plays a bigger part than the actual wayfinding. For instance using silver lettering on a white background can give fabulous results, due the shadow of the silver lettering the text becomes readable on the white surface.

Advisable work areas: Museum signage, office building signs, pylon signage, retail signage, hospital signage, indoor & outdoor usage.

Red is the color of fire and blood, so it is associated with energy, war, danger, strength, power, determination as well as passion, desire, and love.

Red is often used for warning signs, red sends out a signal of warning, danger. Many of the warning signs consist of a red background with yellow or white lettering, by using pictograms as warning the signs are multi-language and don’t need explanation, even if you cannot read the text.

Red is a very powerful color which stands out in a visual crowded environment. I have seen various other signs produced with red but in my opinion red is a signal color. Works great with black, white and yellow lettering.

Advisable work areas: Warning signs, public spaces, indoor & outdoor usage.

Yellow is the color of sunshine. It’s associated with joy, happiness, intellect, and energy.

Yellow background works best in visual crowded environments, for architectural and psychological factors yellow is often used. Yellow with black lettering sends out a clear information message which is needed in such an environment. Using yellow also makes in easy to use orange, red and green which all work great together in a signage system.

Also for traffic signs yellow works good as background color in combination with black lettering. In a outdoor situation, yellow stands out from its background giving a clear message. In many European countries yellow is chosen as background color.

Advisable work areas: Airport signage, road signs, public spaces, indoor & outdoor usage.

Blue is the color of the sky and sea. It is often associated with depth and stability. It symbolizes trust, loyalty, wisdom, confidence, intelligence, faith, truth, and heaven.

Blue is one of mankind favorite color, as is represents sky, heaven, trust and faith. The color blue is good recognized with white lettering as information sign. In the Netherlands all highway signs are with blue background as well as the railway signs.

To use blue in sign systems beware of create enough contrast in order to make the signs work best. For instance with light blue a higher contrast lettering will be needed such as black and for dark blue white lettering will work best.

Advisable work areas: Highway signs, railway signs, hotel signage, retail signage, public spaces, indoor & outdoor usage.

Silver (metal) is an often used color as background in sign systems. With metal signs you are able to gain a robust look & feel for the signage system. Metal has a different surface when looking at it from different angles, making it not always a good contrast with the lettering.

On a silver background almost all colors work well, even white. In future articles I will go deeper into using silver as background. Metal signs are frequently used in office signage, with black lettering it will create a very stylish look and feel.

Advisable work areas: Office signage, nameplate design, public spaces, indoor & outdoor usage.

Typography & color contrast

Not only is the contrast important also the chosen typeface will make the difference in a good or bad sign. When using too bold weighted typefaces the text will look like its expanding of the sign, when using too light weighted typefaces the text will fall back into its background. Medium or Regular weights are usually the best options to choose for a good and readable sign.




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Optimizing Hybrid Heating Systems: A two-part webinar for HVAC contractors (Part 2)

Organizer: Community Energy Association
Location: Online




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B3: Intranet Managers' Community Session

Keith Doyle, University of Salford will facilitate this session. A small group of people are working towards setting up a peer group to share good practise and knowledge. In this session, there will be the opportunity for delegates working to develop University Intranets to share their thoughts on developments around intranets and portals. We will also discuss how the peer group could develop.




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Los Angeles Publishes ‘Model Contract’ Under Freelance Worker Protections Ordinance

Blair C. Senesi and Jaime B. Laurent examine the City of Los Angeles’ “Model Contract” under the Freelance Worker Protections Ordinance (FWPO) and explain what it means for employers.

SHRM

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New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

Update: On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950.




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House Hearing Highlights Real Estate Contractor Question

Jim Paretti explains his view about the independent contractor rule that applies to real estate agents, and how it’s reviving an ongoing debate weeks before the regulation is set to take effect.

Law360 Employment Authority

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Originalism, Social Contract, and Labor Rights: What the Reawakening of Natural Law Means for Exclusive Union Representation

Alex MacDonald explains why natural labor law and principles may soon return to center stage in the legal world. 

North Dakota Law Review

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DOL's Final Rule on Independent Contractor Classification Likely Is Not the Final Word

Andrea M. Kirshenbaum and Jennifer N. Capozzola dive into the U.S. DOL’s final rule (2024 IC Rule) for analyzing whether a worker should be classified as an employee or independent contractor under the FLSA and the lawsuits and challenges that remain in its path. 

The Legal Intelligencer

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New York City Bans Contractual Provisions Shortening Period of Time to File Complaints or Civil Actions Relating to Discrimination, Harassment or Violence

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law, Admin. Code § 8-101, et seq. (NYCHRL).




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Increased Liability for Subcontractor’s Injured Workers

William Foster and Katie Towery share the changes in the legal landscape and how it could result in manufacturers’ increased liability for workplace accidents. 

Industry Today

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Next Up From DOL: Overtime, Independent Contractor Rules

Michael Lotito weighs in on the U.S. Department of Labor's Wage and Hour Division’s key proposals and nominations.

Law360 Employment Authority

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2023 Contractor Pay Reporting on Deck for California Employers

Joy Rosenquist offers employers tips to manage compliance challenges that may arise from California’s new regulations that are designed to increase pay transparency.

WorldatWork

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Employment Contracts in the Americas

In this How to Do Business in the Americas podcast series episode, Littler Shareholders Courtney Wilson and Juan Carlos Varela discuss the practical implications of employment contracts in the Americas and their interaction with non-compete agreements and confidentiality clauses. In this podcast, Courtney gives the audience a summary of the common misconceptions employers have when structuring their employment agreements. Juan Carlos and Courtney then offer practical recommendations.
 




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Los Angeles Publishes “Model Contract” Under Freelance Workers Protections Ordinance

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for freelance workers in Los Angeles.

Ensure Compliance with California Labor Code Section 2775 et seq.




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The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California

In Schachter v. Citigroup, Inc.,1 the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.




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Poland and Other Central-Eastern European Countries Focus on Their Global Mobility & Immigration Policies

In February 2024, Poland’s government revealed that it is working on a comprehensive migration strategy for the years 2025-2030, advertised as a “responsible and safe” approach. The Ministry of Interior and Administration plans to spend the first half of 2024 conducting consultations to learn the preferences and expectations on migration and foreigners’ employment from various stakeholders, including the country’s biggest employers and their organizations, as well the trade unions.




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Belgium: Checklist ✔ of Required Data When Employing Third-Country Nationals Through Subcontracting

To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in the Flemish Region are obliged to request certain data from these subcontractors (Cf. Decree of 27/10/2023).  

The Flemish Government's Implementing Decree was published in the Belgian Official Gazette on June 4, 2024, containing a checklist of the specific data to be requested. The decision will enter into force on January 1, 2025. 





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Labor Department Seeks Advice on Increasing Equity in Contracting, Other Programs

Meredith Shoop talks about the Affirmative Action Program Verification Interface where covered federal contractors can upload their affirmative action plans for review.

Government Executive

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Guide to Federal Contractor Obligations under Recent COVID-19 Executive Orders

Update: The vaccination deadline for covered federal contractors has been extended until January 18, 2022.

The federal government’s complicated multi-pronged approach to implementing COVID-19 safeguards related to federal contractors has left many confused.  We offer this brief guide to help contractors understand their obligations and the timelines for implementation.




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The Safer Federal Workforce Task Force Publishes Additional Federal Contractor and Subcontractor Guidance

On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”), which directed the executive agencies to begin amending federal contracts to require federal contractors to take specific actions to combat COVID-19 and to, in turn, require covered subcontractors to take the same actions (the federal contractor COVID-19 workplace




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White House Extends Deadline for Employers Covered by the Federal Contractor Vaccine Mandate to January 4

The White House on November 4 announced that the deadline for employers covered by the federal contractor vaccine requirement to comply with the vaccine mandate will be extended from December 8, 2021 to January 4, 2022.




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Down the Rabbit Hole: A Trip through the OFCCP’s New Contractor Portal

It was all very well to say ‘Drink me,’ but the wise little Alice was not going to do that in a hurry. ‘No, I’ll look first,’ she said, ‘and see whether it’s marked “poison” or not’; for […] she had never forgotten that, if you drink much from a bottle marked ‘poison,’ it is almost certain to disagree with you, sooner or later.

                                           —Lewis Carroll, Alice in Wonderland, Chapter 1, Down the Rabbit Hole




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OFCCP’s First Webinar on its New Contractor Portal Leaves Most Questions Unanswered

On February 1, 2022, the Office of Federal Contract Compliance Programs (OFCCP) presented a webinar on its new contractor portal through which covered contractors are being asked to certify whether they are meeting their requirement to develop and maintain annual affirmative action programs.




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OFCCP Identifies 400 Supply & Service Contractor Establishments to be Audited Beginning in June

On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2022 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP has stated that it will immediately begin to send out scheduling letters to some of the contractors on the new list.  This is a change from the past when OFCCP would wait at least 45 days from publication of the list before beginning audits.  See U.S.




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OFCCP Identifies 500 Compliance Evaluations for Supply & Service Contractors

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The CSAL includes 452 establishment reviews, 24 Corporate Management Compliance Evaluation reviews, and 24 Functional Affirmative Action Program (FAAP) reviews.