Presented by Gregory J. Spaun
at the Offices of
Welby, Brady & Greenblatt, LLP
January 9, 2019
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The construction industry continues to be a fertile field for the small entrepreneur, and an engine of upward mobility for immigrant and low-income populations. And, if OSHA (approaching its fiftieth anniversary) has not yet fully achieved Congress%u2019s stated purpose of providing every working man and woman with a safe workplace, we should take considerable satisfaction that the number of workers killed and seriously injured in workplace incidents has dropped sharply (as it has).
New York's Debtor and Creditor Law prohibits the transfer of assets in an attempt to evade creditors. A corporate representative who participated in the fraudulent transfer may be held personally liable, regardless of whether the representative acted on behalf of the corporation in the course of his official duties.
Job-related fatalities in New York City are not constant from year to year (there were 191 such deaths in 1993, and just 56 in 2013) but, year after year, construction-related injuries and deaths run ahead of transportation deaths as the #1 and #2 causes of workplace mayhem.
In the case of Joseph Palmisano, et al. v. CrowderGulf, LLC, et al., the United States District Court for the District Court of New Jersey held that corporate officers are not individually liable for a failure to pay prevailing wages under New Jersey%u2019s Prevailing Wage Act (the %u201CPWA%u201D).