Posts By: Chris Wielinski

Construction Law Firm Insights: Are You Ready for the Rise in DOL Audits on Your Jobsite?

In response to the Biden Administration’s commitment to increasing oversight, the Department of Labor (DOL) is intensifying its audit efforts in various industries, notably in construction. A notable Dallas construction law firm, Cokinos | Young, recently reported that one of their general contractor clients experienced an impromptu inspection by a pair of DOL investigators. Although the contractor was found to be in compliance, the DOL proceeded to interview approximately 8-10 subcontractor employees during their thirty-minute visit. The investigators inquired about wage compliance, child labor, and overtime payments, focusing on direct questions to the workers rather than requesting to review any official postings or documentation on the premises.

Cokinos | Young, a premier construction law firm in Dallas, is actively counseling general contractors on the formulation of comprehensive policies for their site managers to effectively manage such unexpected DOL visits. The firm underscores the importance of preemptive measures, including specialized training for site personnel to ensure preparedness for any DOL inquiries. This proactive strategy is crucial for maintaining smooth operations and demonstrating compliance during these increased regulatory activities.

If you need assistance in preparing your jobsite, the Cokinos | Young Labor and Employment Team is ready to assist. Contact our office at 713-535-5500 or by filling out the form below.

Cokinos | Young Nationally Ranked Tier 1 Law Firm in 2024 Best Law Firms®

Cokinos | Young is pleased to announce that the firm has been recognized in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®, for the 14th consecutive year. Cokinos is listed nationally in 3 practice areas and regionally in 9 practice areas.

Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2024 edition of The Best Lawyers in America®.

The Best Lawyers in America® recognizes the top four percent of practicing attorneys in the United States. Cokinos | Young has twenty-seven lawyers listed in The Best Lawyers in America – Conor G. Bateman, Travis M. Brown, Craig H. Clendenin, Gregory M. Cokinos, Stephanie H. Cook, Stanley W. Curry, Jay K. Farwell, J. Parker Fauntleroy, W. Patrick Garner, Charles W. Getman, Anthony T. Golz, John L. Grayson, Gabriel S. Head, Michael B. Hiddemen, Philip Kinkaid, Beau E. LeBlanc, Dana Livingston, Robert J. MacPherson, Shelly D. Masters, Stephanie L. O’Rourke, Craig E. Power, Darrell W. Taylor, Roger D. TownsendJohn C. Warren, Peter Boyd Wells IV, Patrick J. Wielinski, Marc A. Young.

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

Cokinos | Young received the following rankings in the 2024 Best Law Firms®:

  • National Tier 1
    • Litigation – Construction
  • National Tier 2
    • Appellate Practice
    • Construction Law
  • Regional Tier 1
    • Austin
      • Construction Law
    • Dallas/Fort Worth
      • Construction Law
      • Insurance Law
      • Litigation – Construction
    • Houston
      • Appellate Practice
      • Construction Law
      • Litigation – Construction
      • Personal Injury Litigation – Defendants
    • New Jersey
      • Litigation – Construction
    • San Antonio
      • Commercial Litigation
      • Construction Law
      • Litigation – Construction
  • Regional Tier 2
    • Austin
      • Appellate Practice
      • Litigation – Construction
    • Houston
      • Commercial Litigation
      • Corporate Law
      • Real Estate Law
    • New Jersey
      • Construction Law
  • Regional Tier 3
    • Houston
      • Admiralty & Maritime Law

ABOUT COKINOS | YOUNG

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

ABOUT BEST LAW FIRMS®

Best Law Firms® is the most credible rankings of exceptional law firms, rooted in a rigorous, peer-to-peer, industry-driven evaluation. Achieving a tiered ranking in Best Law Firms signals a unique combination of quality law practice and breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and metro-based scale. The reputation earned over the past 14 years and a future-focused commitment to innovation provides legal professionals with an elevated stature, validation and confidence that comes from being part of, and working with, a Best Law Firms honored practice.

ABOUT BEST LAWYERS®

Best Lawyers® is the oldest and most respected peer-review research and accolades company in the legal profession. Best Lawyers compiles extensive recognitions by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate the work of their fellow legal professionals within their local market and specialty. Lawyers are not required or allowed to pay a fee to be listed; therefore, recognition by Best Lawyers is considered a singular honor.

Houston Construction Lawyer’s Perspective: The Rise of Artificial Intelligence in Construction – Impacts on Subcontractors, Bonding, Insurance, & Bidding

The construction realm is undergoing a profound shift as artificial intelligence and automation become increasingly prevalent. Innovative tech, such as drones, robotic devices, and sophisticated equipment, is revolutionizing the industry’s fabric. In our exploration, we delve into the effects these AI-propelled tools may have on subcontractors, their operations, and the bidding process for projects, as well as on the established norms of bonding and insurance within the industry—a topic of particular interest to a construction lawyer in Houston.

Transformative AI in Houston’s Construction Industry

Trailblazing firms are leading the charge in creating construction-specific aerial drones, autonomous robots, and intelligent machines. Drones, outfitted with high-definition optics by front-runners such as DJI and Parrot, are redefining the way site evaluations and inspections are conducted. Companies like Boston Dynamics are at the vanguard, offering commercially available robots like Spot—a nimble quadruped designed to independently carry out inspection tasks typically assigned to human inspectors. This company is also in the process of refining Atlas, a bipedal robot geared towards performing general labor tasks on construction sites, tasks that would benefit from the oversight of a construction lawyer in Houston. Furthermore, industry giants like Caterpillar, Komatsu, and Volvo are advancing their heavy machinery, integrating sophisticated algorithms to enhance efficiency and output.

Houston Construction Lawyer’s Insight on Subcontractor Advancements

The application of AI and mechanization opens new doors for subcontractors, with drones expediting issue detection and robots potentially undertaking routine inspections. This technological leap could minimize human exposure to hazardous work environments, thus reducing labor costs and possibly ushering in a new era of construction methodology, underscored by the counsel of a seasoned construction lawyer in Houston.

Bonding and Insurance Adaptations in the AI Era

In the construction sector, bonding and insurance are critical for managing subcontractor risk. As a construction lawyer in Houston will advise, bonds assure that contractual duties such as on-time completion and adherence to project details are met. Insurance, meanwhile, provides a shield against the unexpected—from accidents to legal liabilities.

Navigating New Norms with Construction Lawyer Houston

With AI and robotics entering the fray, the parameters of bonding and insurance are set to shift. Bonds retain their importance, yet AI may introduce new criteria for bonding, necessitating a construction lawyer in Houston to navigate these changes. For insurance, the integration of technology could mean lower premiums due to enhanced safety, though the industry’s newness might bring insurer hesitancy.

Bidding in the Age of Automation

The bidding process is also undergoing changes. Subcontractors leveraging AI have an edge, potentially altering project economics. Yet, the cost of adopting such technologies could necessitate higher insurance coverage, balancing out any premium savings.

Conclusion: A New Blueprint for Construction

AI’s ascent offers a chance to redefine construction. Subcontractors, with the guidance of a construction lawyer in Houston, can leverage these technologies for greater productivity and safety. The future will see bonding and insurance evolve to fit AI’s unique risk profile, with savvy subcontractors potentially enjoying lower project costs and a competitive advantage in bidding.

Our team of attorneys at Cokinos | Young have extensive knowledge of construction law and the impact of AI on the industry. For more information about Cokinos | Young and our construction law services, contact our office at 817-635-3600.

About the Author

Jared Norton is an Attorney in the Dallas office of Cokinos | Young. His practice primarily focuses on construction law, insurance coverage, and commercial litigation. Prior to joining Cokinos | Young, Jared solely represented design and engineering professionals against malpractice, construction defect, breach of contract, and indemnity claims. Mr. Norton is experienced in all aspects of litigation in state courts from initial answer or petition, discovery, and case strategy to preparing and arguing motions, conducting depositions, and trial or arbitration preparation.


About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Pat Wielinski and IRMI Webinar: Insuring Defective Construction Claims Over the Last 50 Years: The Song Remains the Same?

Dallas Principal Pat Wielinski and IRMI recently presented the webinar “Insuring Defective Construction Claims Over the Last 50 Years: The Song Remains the Same?” to launch the latest edition of Insurance For Defective Construction, recently published by IRMI.

WEBINAR Recording

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WEBINAR HANDOUTS

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About Insurance For Defective Construction

In 2000 Pat Wielinski published Insurance for Defective Construction with International Risk Management Institute (IRMI). Early editions of the book focused on commercial general liability (CGL) insurance coverage for construction defects, including evolution of the policy forms. They also detailed the raft of coverage litigation surrounding “occurrence,” “property damage” and “business risk” as applied to the property damage exclusions, describing the nationwide efforts of the construction industry to solidify the underwriting intent behind the policy. Subsequent editions have been expanded to update those developments and to include additional issues. The sixth edition continues that expansion with new discussions, including breach of contract exclusions, pros and cons of wrap-up programs, builders risk and subrogation, contractors professional liability, and pollution coverage as impacting insurance and risk management for construction defects. Along the way, Pat offers commentary, analysis and sometimes opinions drawn from over forty years of representing parties in construction coverage disputes and through risk management counseling. The new edition of Insurance for Defective Construction is available for subscription on IRMI.com, IRMI’s website. If you have any questions, please contact Pat at pwielinski@cokinoslaw.com or 817-635-3620.

Patrick J. Wielinski

The Rise of Artificial Intelligence in Construction: Subcontractors, Bonding, Insurance & Bidding

The construction industry is witnessing a revolutionary transformation with the integration of artificial intelligence and automation. Among the innovative technologies reshaping the landscape are drones, robots, and advanced machinery. In this post, we specifically explore how AI-driven advancements may impact subcontractors, their work, the bidding process for construction projects, and the traditional bonds and insurance practices they rely on.

The Rise of AI in Construction

Pioneering companies are at the forefront of manufacturing construction-specific drones, robots, and machines. Drones equipped with high-resolution cameras, produced by industry leaders like DJI and Parrot, have transformed site surveys and inspections. Advanced robotics manufacturers such as Boston Dynamics presently commercially manufacture Spot, a four-legged agile mobile robot capable of independently performing dynamic sensing and inspecting tasks on construction sites traditionally reserved for inspectors. Boston Dynamics has also been developing a bi-pedal robot, Atlas, to be able to perform general labor tasks one may encounter on a construction site. Even Tesla has promised to, one day, mass produce the Optimus humanoid robot, somewhat akin to the NS-5 as seen in the 2004 film starring Will Smith, I, Robot. Additionally, companies like Caterpillar, Komatsu, and Volvo are continuously improving on their construction machinery to better utilize algorithms to optimize performance and improve productivity.

Potential Impact on Subcontractors

AI and automation offer unprecedented opportunities for subcontractors. Integrating drones into site surveys and inspections enables a faster identification of potential issues, allowing for prompt resolution and improved project management. Robots and advanced machinery may enhance productivity by performing scheduled inspections in lieu of a human and mitigate workplace accidents by accessing areas that may pose a danger to a human, thereby reducing overall labor costs and potentially revolutionizing traditional construction practices.

Bonding and Insurance Considerations

Bonding and insurance serve distinct purposes in the construction industry and are essential aspects of subcontractor risk management. Bonds provide financial guarantees that subcontractors will perform their contractual duties, such as timely completion and adherence to project specifications. Insurance serves to safeguard subcontractors from potentially unforeseen accidents, damages, or legal liabilities.

With the rise of AI and automation, bonding and insurance considerations can be expected to evolve. Structurally speaking, bonds would continue to serve as a crucial bulwark for project owners, ensuring subcontractors meet their obligations. However, the influx of AI-influenced or robotics-styled construction work may pose new guidelines for bonding or avenues for the surety company to pursue reimbursement from the principal.

Concerning insurance, depending on the type of construction project, subcontractors that utilize drones, robots, or automated machinery may be viewed as having lower risk profiles. Employing the use of robots or automated machinery may improve the overall safety of the humans overseeing the work and, thus, reduce the subcontractor’s insurance premium. On the other hand, given the nascency of this area, insurance companies might be hesitant to implicitly endorse the use of robotics and machinery—what happens if a robot (Spot, Atlas, Optimus) harms, accidentally or otherwise, a human worker, or “disobeys” an instruction?

Contemplating the Bidding Process

Similar to insurance, the bidding process may witness shifts. Subcontractors employing advanced technologies may have a competitive edge, attracting projects seeking innovative solutions or improved efficiency. The use of drones and robots can enhance accuracy in estimating and project planning, possibly resulting in more competitive bidding amounts.

However, there are other considerations to address. Subcontractors relying on AI-driven machinery may face higher upfront capital expenditures for purchasing and maintaining these technologies. This investment might result in the need for higher insurance coverage, possibly canceling out any savings on premiums from utilizing the machinery in the first place. Separately, what if the robotics or machinery is leased? Such a situation could further complicate the chain of ownership, requiring greater scrutiny for all parties involved, especially if a machine goes awry.

Conclusion: It’s All the Same but Different

The rise of AI and automation presents a transformative opportunity for the construction industry and its subcontractors. By embracing cutting-edge technologies like drones, robots, and advanced machinery, subcontractors can enhance productivity, efficiency, and safety on construction sites. As the industry adapts to these changes, bonding and insurance practices will likely evolve, offering tailored solutions that align with the unique risks and benefits presented by AI-driven advancements. Additionally, while the long-term benefits of AI adoption could lead to lower overall project costs, issues such as initial capital expenditure may keep some subcontractors on a level playing field when it comes to bidding. By understanding and capitalizing on these developments, subcontractors who serve as the frontrunners in adopting these technologies may adapt sooner, and thus thrive, in this revolutionary era of construction.

Our team of attorneys at Cokinos | Young have extensive knowledge of construction law and the impact of AI on the industry. For more information about Cokinos | Young and our construction law services, contact our office at 817-635-3600.

About the Author

Jared Norton is an Attorney in the Dallas office of Cokinos | Young. His practice primarily focuses on construction law, insurance coverage, and commercial litigation. Prior to joining Cokinos | Young, Jared solely represented design and engineering professionals against malpractice, construction defect, breach of contract, and indemnity claims. Mr. Norton is experienced in all aspects of litigation in state courts from initial answer or petition, discovery, and case strategy to preparing and arguing motions, conducting depositions, and trial or arbitration preparation.


About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Thirteen Texas Super Lawyers® Recognized at Cokinos | Young; Gregory Cokinos Named On The Top 100 Texas & Houston Super Lawyers List

We are excited to announce that thirteen Cokinos | Young attorneys are recognized as 2023 Texas Super Lawyers® and Gregory Cokinos is named on the Top 100 Super Lawyers® list for both Texas and Houston. This distinction is held by less than five percent of Texas lawyers and selections are made on a state-by-state basis.  Independent research consisting of an evaluation of 12 varying indicators of professional achievement combined with peer nominations and evaluations are employed to determine this accolade.

The full list of Super Lawyers will be published in:
– Texas Super Lawyers Magazine, in October 2023
– Texas Monthly, in October 2023
– Gregory Cokinos will be featured in The Top 100 Texas and Top 100 Houston lists

Our Texas Super Lawyers include:

Austin:
Dana Livingston – Appellate; Featured in Super Lawyers Women’s Edition
Marc A. Young – Construction Litigation

Dallas:
Travis M. Brown – Insurance Coverage
Patrick J. Wielinski – Insurance Coverage

Houston:
Gregory M. Cokinos – Construction Litigation; Top 100 List for Texas (14th Year) and Houston (17th Year)
J. Parker Fauntleroy – PI General: Defense
John L. Grayson – Construction Litigation
Craig E. Power – Bankruptcy: Business
Russell W. Smith – Construction Litigation
Roger D. Townsend – Appellate
John C. Warren – Construction Litigation

San Antonio:
Gabriel S. Head – Construction Litigation
Stephanie L. O’Rourke – Construction Litigation; Featured in Super Lawyers Women’s Edition

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Stephanie O’Rourke Elected Fellow of American College of Construction Lawyers

Cokinos | Young Principal Stephanie O’Rourke has been selected to serve as a Fellow with the American College of Construction Lawyers. The ACCL is the preeminent national construction law organization. Fellowship in the College is invitation-only and offered to those who are found to have mastered the practice or teaching of construction law and dispute resolution in the complex technical and legal fields shaping to the built environment, whose professional careers have been marked by the highest standards of ethical conduct, scholarship, professionalism, and collegiality, and who have demonstrated a commitment to “give back” to the construction industry. The College includes lawyers from the United States, Canada, Britain, Australia, and France. Stephanie is the first attorney invited to join this organization from San Antonio.

“We are thrilled that Stephanie has been invited to join this prestigious organization,” said Principal and CEO Gregory Cokinos. “Her unwavering commitment to the construction industry, expertise, high ethical standards, professionalism, and collegiality will be invaluable to the College’s mission and noble efforts to improve and enhance the practice and understanding of construction law.”

Stephanie is a member of the firm’s litigation practice group in our San Antonio office. Her practice focuses primarily on the representation of general contractors in construction contract negotiations, construction disputes, and complex business disputes. With a history of favorable verdicts and settlements, Stephanie has been recognized as a leading construction lawyer by numerous publications and organizations, including the highly regarded Chambers USA and Best Lawyers in America.

Stephanie will be formally inducted into the American College of Construction Lawyers during its February 2024 meeting in Carlsbad, California.

Stephanie L. O’Rourke

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

DOL Audits Are Increasing in the Construction Industry. Is Your Jobsite Prepared?

The DOL is making good on the Biden Administration’s promise of more audits and site visits throughout certain targeted industries, including construction. This week, a Cokinos | Young general contractor client got visited unannounced by two DOL Investigators. Although the general contractor had done nothing wrong according to the Investigators, they asked to speak with workers of multiple subs at the site. The DOL was on site for half an hour questioning around 8-10 sub employees. The DOL asked questions such as:

  • Are you being paid minimum wage?
  • Is anyone under the age of 14 working here?
  • Are you getting paid time-and-a-half for working over 40 hours in a week?

The investigators did not ask to see any jobsite postings or documentation. Cokinos | Young is advising all general contractors to implement a standard policy for site managers on how to handle such DOL audits and to also implement training about such situations. It is imperative to be proactive so your team is well equipped to handle random visits from the DOL.

If you need assistance in preparing your jobsite, the Cokinos | Young Labor and Employment Team is ready to assist. Contact our office at 713-535-5500 or by filling out the form below.

Catching Up on Employment Law Matters with Employment Attorney Shannon Gatlin

Catching Up on Employment Law Matters with Employment Attorney Shannon Gatlin

Shannon Gatlin, Board Certified Labor & Employment Attorney in Cokinos | Young’s Houston office, recently wrote the following article for Construction News magazine discussing important employment law updates [NOTE: Since the below article was originally published, a Travis County District Court ruled Texas House Bill 2127 to be unconstitutional but did not bar the law from taking effect on September 1; the State of Texas has appealed the District Court’s ruling]:

A lot has changed since the beginning of the year—and the employment law sphere is no exception. One article is hardly enough to cover all that is new in employment law, but here are a few highlights that your company may want to take note of.

New Laws Protecting Pregnant Workers and Workers Who Are Nursing

Two new federal laws have taken effect within the past year, imposing obligations on employers with employees who are pregnant or who have the need to express breast milk for a newborn child. The first of these is the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which took effect December 29, 2022. Much of what the PUMP Act requires will already be familiar to employers, because the primary goal of the PUMP Act is to extend the break time and private pumping location requirements for non-exempt employees under the Affordable Care Act to now cover all employees of companies covered by the Fair Labor Standards Act, including exempt employees. The U.S. Department of Labor has an updated required poster on its website, as well as useful information about the PUMP Act.

The second of these federal laws, the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, allows individuals to file charges of discrimination with the Equal Employment Opportunity Commission (EEOC) under the PWFA. Employers are obligated to post notice of this law as well. The EEOC’s website has the required poster and helpful information on employer compliance with the PWFA, with updates to this information expected over the coming months. Some of the biggest changes the PWFA makes to existing protections for pregnant workers include: (1) a medical condition does not need to meet the definition of “disability” under the Americans with Disabilities Act for PWFA protection; (2) an individual is no longer required to show that accommodations are being provided to a non-pregnant “comparator”; (3) employers may be required to alter a job’s “essential functions” as a reasonable accommodation for temporary, short-term inability to perform such a function if the PWFA applies; and (4) an employer cannot impose leave as a reasonable accommodation without first considering other options with the individual.

New Developments in Form I-9 Use

The U.S. Department of Homeland Security (DHS) has been promising to update the I-9 process for employers for quite some time now, and it appears the agency is ready to make good on that promise. First, the agency—through U.S. Citizenship and Immigration Services—has issued a shorter and more streamlined Form I-9. The new form became available for downloading on August 1, 2023, and will be mandatory for employers to use starting on November 1, 2023, at which point employers using the previous Form I-9 will be subject to penalties. There are several improvements in the new Form I-9—but one in particular is meant to satisfy employer requests that only grew louder during the widespread adoption of remote hiring: a checkbox indicating that the employer used a DHS-authorized alternative procedure to examine the employee’s supporting documents.

Companies had hoped DHS might permanently allow its temporary COVID-19 flexibility of remote document examination—DHS is granting that wish, at least for some. DHS issued a final rule permitting alternative document examination procedures (including remote examination) under an approved framework from the agency. While this could pave the way for all employers to eventually use remote document examination, for now DHS is limiting the use of remote examination to employers that use the federal E-Verify system and are in good standing. Among the requirements for those employers who meet this eligibility threshold, they must (1) conduct a live video interview with the employee, (2) retain copies of all documents presented in the I-9 verification process, and (3) create E-Verify cases for new employees. While this DHS rule may not go as far as many had hoped, it is an encouraging step toward more widespread remote document verification.

Texas House Bill 2127: “Death Star” Bill

Finally, an important development in state law could provide consistency in regulations applicable to construction companies operating throughout Texas. Unless paused by the courts, Texas House Bill 2127 (HB 2127)—commonly referred to as the “Death Star” bill—becomes law on September 1, 2023. In a nutshell, HB 2127 bars local governments from passing ordinances that go beyond state law in such areas as labor, agriculture, natural resources, and finance. HB 2127 would also strike down any such ordinances already in existence. For example, local mandates requiring water or rest breaks for workers and local “wage theft” ordinances—like Austin’s that went into effect within the past year and specifically targets the construction industry—are nullified under HB 2127.

Again, whether HB 2127 will withstand legal challenges has yet to be seen. The cities of Houston (July 3, 2023) and San Antonio (July 24, 2023) have already sued the state looking to have HB 2127 declared unconstitutional, void, and unenforceable. The ultimate fate of HB 2127 remains uncertain, and this legal battle warrants watching closely.

Conclusion

A lot has happened in employment law since the January issue, so now is the time to catch up with your employment counsel to ensure that your company stays on the right side of the above items and anything else that may have been overlooked.  

J. Shannon Gatlin

About the Author:  J. Shannon Gatlin is Senior Counsel in the Houston office of Cokinos | Young, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, and leads the firm’s Labor & Employment Practice Group. Mr. Gatlin can be reached at (713) 535-5504 or sgatlin@cokinoslaw.com. For more information about Cokinos | Young and to speak with an Employment Attorney, contact our office at 713-535-5500.

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’sCokinos | Young. Learn more at cokinoslaw.com.

Dana Livingston to be Inducted to American Academy of Appellate Lawyers

Cokinos | Young is pleased to announce that the prestigious American Academy of Appellate Lawyers has invited Principal Dana Livingston to become a Fellow in the Academy. 

The American Academy of Appellate Lawyers was founded in 1990 to recognize outstanding appellate lawyers across the United States and promotes the improvement of appellate advocacy and the administration of the appellate courts. Academy membership is open only to a person who possesses a reputation of recognized distinction as an appellate lawyer. Academy membership is limited to 500 members in the United States.

Membership in the Academy is by invitation only.  Candidates for membership must be nominated and seconded by current Academy Fellows. Nominees are then evaluated by a thorough vetting process undertaken by judges, co-counsel, opposing counsel, fellows, and the Academy’s board of directors.

Dana will be inducted into the Academy during a ceremony at the Vanderbilt Hotel in Nashville, Tennessee this October.

Dana Livingston

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

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