http://www.oles.com/ The latest news related to Oles Morrison's practice areas, as well as firm announcements and listings of events featuring Oles Morrison speakers. en blanche@oles.com Copyright 2012 2012-01-11T20:40:32+00:00 http://www.oles.com/news/events/2012-alaska-construction-law-and-government-contracting-seminars http://www.oles.com/news/events/2012-alaska-construction-law-and-government-contracting-seminars#When:21:40:32Z Oles Morrison Annual Construction Law & Government Contracting Seminars February 9 & 10, 2012Captain Cook HotelAnchorage, AlaskaPrograms 1-5 PMCocktails & Networking 5-6 PMConstruction LawThursday,  February 9, 20121:00PM - 5PMQuadrant room JESSY VASQUEZAlaska Construction Law Year in Review: Important developments Alaska contractors need to know RENEA SAADEPrivacy Issues in the Workplace: What An Employer Can & Cannot Do In the Age of Social Media, Text Messaging and Smart Phones CRAIG RUSKKiller Contract Clauses: A concise review of clauses/language that is often inserted into contracts and the unexpected consequences that can follow. PAUL TONELLA Business Succession Planning for Contractors David Duffy & Todd HenryAlternative Dispute Resolution:  Is it a good “Alternate” or not? TODD HENRYFinancial Statement Analysis for the Risk Averse Government ContractingFriday, February 10, 20121:00PM - 5PMQuadrant room JIM NAGLEFederal Contracts: The Year in Review: A review of major statutory, regulatory, case law and other developments in Federal Contracts in the past twelve months. MEGHAN DOURIS, LEED Green AssociateLEED and Federal Contracting: An overview of LEED and how various Federal agencies are using LEED to meet the federal sustainability requirements. ANNE MARIE TAVELLASmall Business Contracting - Best Practices: A discussion on dos and don’ts for small business contracting, including 8(a), HUBZone, Veteran-owned, and Women-owned businesses in light of regulatory and case law developments in the past year. JON DEMELLABid Protests- Discussion of the bid protest process before the GAO and the Court of Federal Claims, and review current trends and caselaw TRAEGER MACHETANZDangers of Improper Claim Pricing - Private, State and Federal. Registration is $50 for a single half-day session or $75 for both sessions. Guests are welcome. To register please visit the "more information" link above or email blanche@oles.com               Announcements, 2012-01-11T21:40:32+00:00 http://www.oles.com/news/events/renea-saade-to-speak-at-ses-2012-alaska-labor-employment-seminar http://www.oles.com/news/events/renea-saade-to-speak-at-ses-2012-alaska-labor-employment-seminar#When:21:35:39Z Program Summary: When a problem arises and there isn’t time to research the law, decisions still must be made. It is essential to understand the fundamentals from which new developments are emerging. This seminar addresses the issues, including Health Care Reform, most likely requiring such decisions. Presented by experts in employment law, these accomplished and insightful speakers can provide workable solutions to your problems. You will benefit from this seminar regardless of your current level of expertise.   Program Highlights: Privacy issues FMLA and ADA Updates Harassment and discrimination Health care reform overview Hiring and firing E-Verify Social networking sites FLSA/Wage & Hour Basic labor law   Who Should Attend: Managers Attorneys - Employee Benefits Attorneys: - New Attorneys Business Owners Supervisors CIS Managers Payroll Professionals Attorneys: - Employment & Labor Attorneys - Immigration Human Resources Professionals Attorneys: - General Practice Announcements, 2012-01-11T21:35:39+00:00 http://www.oles.com/news/events/employment-law-update-january-2012-new-fmla-forms-have-been-issued-by-the-f http://www.oles.com/news/events/employment-law-update-january-2012-new-fmla-forms-have-been-issued-by-the-f#When:17:37:35Z In order to properly respond to and process requests for leave under the Family Medical Leave Act ("FMLA"), many employers use the pre-printed forms published by the U.S. Department of Labor.  Unbeknownst to many, these forms actually have expiration dates and the versions that have been used for quite some time expired December 31, 2011.   Without much fan fare, the Department of Labor has updated the expiration dates on its published forms.  They are now valid through January 31, 2012.  Given the short extension of time, it is fair to speculate that substantive changes to the forms will likely be forthcoming.  Thus, all employers that rely upon the Department of Labor's forms for their FMLA recordkeeping should be sure to download the most current version of the forms available directly from the Department of Labor's website.   And, any employer that has created its own version of documents modeled after the Department of Labor's forms should also review their forms to ensure they are as accurate and current as possible.  Here are the links to the website pages where the primary forms may be found:   http://webapps.dol.gov/libraryforms/go-us-dol-form.asp?FormNumber=425   http://webapps.dol.gov/libraryforms/go-us-dol-form.asp?FormNumber=36   http://webapps.dol.gov/libraryforms/go-us-dol-form.asp?FormNumber=411   http://webapps.dol.gov/libraryforms/go-us-dol-form.asp?FormNumber=412   For additional information regarding the FMLA and Frequently Asked Questions regarding the same, the following web pages are helpful but should not substitute for legal advice.  If you have questions about your company's obligations under FMLA, please consult with an attorney of your choice:   http://www.dol.gov/compliance/laws/comp-fmla.htm   http://webapps.dol.gov/dolfaq/go-search-dol-faqs.asp     Renea I. Saade is a partner with the firm Oles Morrison Rinker Baker LLP.  Renea works out of the firm's Anchorage and Seattle offices and regularly provides employment law advice and representation to clients in various industries.  Renea may be contacted at saade@oles.com or 907.771.7000 Please be advised that the foregoing is provided for educational purposes and should not be considered a substitute for actual legal advice.  If you have any questions or would like to consult with an attorney at Oles Morrison Rinker Baker concerning this issue or any other employment law matter, please contact Renea Saade at saade@oles.com or 907.258.0106. Announcements, 2012-01-09T17:37:35+00:00 http://www.oles.com/news/events/meghan-douris-presenting-at-cmaas-the-construction-managers-role-on-sustain http://www.oles.com/news/events/meghan-douris-presenting-at-cmaas-the-construction-managers-role-on-sustain#When:16:55:27Z CMAA Annual Seminar  The Construction Manager’s Role on Sustainable Infrastructure March 16, 2012 Bellevue Coast Hotel Bellevue, Washington 7:30 - 8:30 AM   Registration, Sign-in and Networking (juice, coffee, tea, pastry) 8:30 - 9:00 AM  Welcome – Setting the Stage Allen Wycoff - Pacific Northwest CMAA Chapter President 9:00 - 9:45 AM   Leadership by the CM in Achieving Sustainable Goal per CMAA SOP Paul Berry - Harris and Associates   9:45-10:00 AM   Networking Break 10:00-10:30 AM  Public Works Approach to Sustainable Practices Matt Collins – Jacobs Engineers 10:30-12:00 AM Risk – A Lawyers View on Sustainable Projects Douglas Reiser - Reiser Legal LLC Meghan Douris - Ole Morrison   11:45-1:00 PM   Lunch (included) 1:00-1:30 PM     Warm Mix Asphalt Steve Read - Seattle Public Utilities   1:30-3:00 PM     Port of Seattle Consolidated Rental Car Facility Anne Timmermans – Heery International George England – Port of Seattle   3:30-3:45 PM     Networking Break   3:45-4:30 PM     Owner Panel - Sound Transit, Port of Seattle and Seattle Public Utilities   Registration Fee: $175.00 for members        $225.00 for non-members Early Registration Fee:     $150.00 for members        $200.00 for non-members (Received before February 15, 2011) For more information and registration visit: http://cmaapnwseminar.eventbrite.com/      Announcements, 2012-01-02T16:55:27+00:00 http://www.oles.com/news/events/tonella-and-greenberg-for-utility-contractor-eight-ways-to-protect-your-con http://www.oles.com/news/events/tonella-and-greenberg-for-utility-contractor-eight-ways-to-protect-your-con#When:22:41:25Z Announcements, Business & Real Estate, Construction, 2011-12-12T22:41:25+00:00 http://www.oles.com/news/events/oles-morrison-named-among-best-law-firms-in-seattle-and-alaska-by-u.s.-news http://www.oles.com/news/events/oles-morrison-named-among-best-law-firms-in-seattle-and-alaska-by-u.s.-news#When:18:23:16Z SEATTLE, Washington, November 16, 2011 – Oles Morrison Rinker & Baker, LLP has been honored as a Tier 1 Construction Law “Best Law Firm” by U.S. News Group and Best Lawyers, the oldest and most respected peer-review publication in the legal profession. Oles Morrison also received recognition as an Alaska Tier 2 Construction Law Firm. According to U.S. News and Best Lawyers, the leading surveyors of lawyers worldwide, the firm’s top ranking is based on a rigorous evaluation process that included thousands of clients, highly skilled lawyers and law firm representatives. An unprecedented amount of data was collected, emphasizing the scope of this endeavor and the significance of the firm’s presence in this unparalleled guide to law firm expertise. The 2011-2012 “Best Law Firms” rankings are posted online at www.usnews.com/bestlawfirms, and the national first-tier rankings will be featured in an upcoming print issue of U.S. News & World Report. Since the 1930s, the focus of Oles Morrison’s practice has been on construction, government contracts and public procurement. The firm represents both national and international clients on projects in the United States and abroad. With offices in Seattle and Anchorage, attorneys provide timely and cost-effective solutions to the most complex problems.  Oles Morrison, with the assistance of a seasoned team of in-house consultants and paralegals, provides advice on issues arising from requests for proposals and invitations to bid, through protests, requests for equitable adjustments, disputes and terminations. Announcements, 2011-12-01T18:23:16+00:00 http://www.oles.com/news/events/renea-saade-for-seattle-business-magazine-when-does-a-workplace-qualify-as- http://www.oles.com/news/events/renea-saade-for-seattle-business-magazine-when-does-a-workplace-qualify-as-#When:17:46:35Z Claims against employers are rising, with a majority alleging employees or former employees were subjected to a “hostile work environment” or “hostility in the workplace.”  A 2010 poll conducted for Bellingham, Washington-based Workplace Bullying Institute said that 37% of U.S. workers - 54 million people - believe they have been subjected to a workplace “hostility.” While “hostile workplace” and “hostile work environment” are common phrases, few circumstances meet the legal definition required. Misapplying “hostile” increases unfounded legal claims and tension and strained relationships between employers and employees and/or between coworkers, while misunderstanding “hostile” causes management to mishandle such allegations. Click the More Info link above to continue reading this article on the Seattle Business Magazine web site. Announcements, Business & Real Estate, Employment Law, 2011-11-28T17:46:35+00:00 http://www.oles.com/news/events/monitoring-and-responding-to-subcontractor-insolvency-to-keep-work-on-sched http://www.oles.com/news/events/monitoring-and-responding-to-subcontractor-insolvency-to-keep-work-on-sched#When:20:23:19Z Each subcontractor performing work on the critical path presents a risk of disruption of the project schedule.  All of the prime contractor’s supervisory personnel should continuously watch for signs of subcontractor insolvency to avoid the diversion of progress payments by a subcontractor to pay non-project debts.  If a problem is detected early, the prime contractor can better assure that sub-subs and suppliers with potential lien claims receive payment out of the subcontract balance by using joint checks, this is the most direct method to prevent an insolvent subcontractor from diverting progress payments to non-project debts. A subcontractor’s insolvency often first comes to light when sub-subs and suppliers begin calling the prime to complain they are not being paid.  At that point, the prime should take control over the insolvent subcontractor’s progress payments by making joint check payments to sub-subs and suppliers.   Wages, Payroll Taxes, and Union Trust Fund Contributions                An insolvent subcontractor’s weekly payrolls often are the first obligations that the prime must finance by making advances against progress payments.  If the prime has to advance the subcontractor’s net payroll, the prime also should advance funds to cover trust fund payroll taxes, which the prime can become liable to pay under IRS regulations.   If the sub’s payroll is substantial, the prime should require the sub to establish a separate payroll account with a third party payroll service to assure payroll taxes are union fringe benefits are paid.   The prime also should insist on receiving wage summaries and time cards to document hours worked on the project and assure payroll taxes and union fringe benefits are properly calculated.    The prime also should obtain copies of all tax deposits, tax returns and union reports.    If withholding and social security taxes are not funded, the IRS can collect these trust fund taxes from the prime or other third parties who fund net payments (a) Under Internal Revenue Code Sec. 3505(a), a person who directly pays wages to a subcontractor’s employees is liable for withholding taxes attributable to the wages.  Thus a prime should not make direct wage payments to a subcontractor’s employees.(b) Under Internal Revenue Code Sec. 3505(b), a person who supplies funds to a subcontractor to pay wages, and has actual notice that the employer cannot pay required withholding taxes, can be held liable for the withholding taxes.  Thus a prime who advances funds for net payroll also should advance to the subcontractor’s payroll account additional funds needed to cover trust fund withholding taxes.(c) As a result of this statutory liability, a prime can be held liable by the IRS to pay payroll taxes on a subcontractor’s net wages funded by the prime even if the prime has paid the entire subcontract balance to the subcontractor.  Thus a prime funding net payroll also should include in each advance for payroll the additional amount needed to cover withholding taxes attributable to the net payroll. Payments to Sub-Subs and Suppliers  When a subcontractor becomes insolvent, lower tier sub-subs and suppliers should be paid by joint checks.  The use of joint checks assures that the insolvent subcontractor does not divert progress payments to non-project debts.  Joint check payments also cannot be intercepted by a subcontractor’s lender and applied to outstanding credit line balances.  The prime should first obtain from the insolvent subcontractor a certified statement which lists all unpaid project debts and all estimated future expenses required to finish the project.  This will help the prime to determine whether the remaining unpaid subcontractor balance is adequate to cover lienable claims and completion costs.    Before paying any lower tier creditor, the prime should determine that any required materialman’s notices have been furnished and analyze whether any other potential legal defenses exist. (a) A prime should investigate potential legal defenses before further subcontract funds are paid out.(b)  Failure to assert potential legal defenses can result in a claim by the lower tier creditor that the prime has waived its defenses and that the lower tier creditor was induced to continue performance by the prime’s course of dealing to fund payments due to the lower tier creditor. Joint check agreements should be signed for each joint check payment by the prime, subcontractor, and joint payee to confirm consent by all parties to the amount of the payment. (a) A partial release of lien rights also should be signed by the joint payee for the amount of the joint check payment.(b) The joint check agreement should include language stating there is no contractual relationship between the prime and the joint payee and that the prime’s agreement to make the joint check payment does not create any right by the joint payee to obtain any further payment from the prime.(c) The prime also should avoid making any verbal or written communications to the lower tier creditor which may be construed as a guarantee of payment of all further amounts due under the sub-subcontractor, supplier’s purchase order.(d) It is generally not advisable for a prime to make a direct payment to a lower tier creditor without an agreement signed by the subcontractor.  If a subcontractor will not agree to joint check payments, it is preferable to have a private owner or a public works surety pay the lower tier creditor and take an assignment of the creditor’s lien rights.Monitor progress of work. A general should confirm on a regular (if not daily) basis that work by a sub is being done on schedule. Poor productivity raises a red flag about possible management or financial problems.  Record keeping and field communication – The general should keep accurate records of deliveries of materials to the sub to confirm proper work progress and to check subsequent progress billings. The general also should note onsite workers to confirm skill levels and work force. This also will protect against subsequent overstated claims for materials and labor.  Subcontractor over-billings – To protect against a subsequent default, approved progress payments should not exceed the value of the actual percentage of work completed by the sub.  Communications with sub-subs and suppliers – Onsite supervisors should be alert to potential problems. Unhappy sub-subs and suppliers may disclose slow payment and poor subcontract administration. If a sub appears to be falling behind on payments to lower-tier creditors, obtain a current list of all accounts payable for the project. By taking these steps, the general can detect problems and take corrective action while the general still retains sufficient subcontract balance to pay the sub’s lower tier creditors.  Requiring major subcontractors to post payment/performance bonds also will provide further protection against a catastrophic default. Announcements, 2011-11-21T20:23:19+00:00 http://www.oles.com/news/events/meredith-thielbahr-for-nawic-image-magazine-sba-gives-women-a-helping-hand http://www.oles.com/news/events/meredith-thielbahr-for-nawic-image-magazine-sba-gives-women-a-helping-hand#When:19:49:47Z SBA’s Women-Owned Small Business program is designed to give women more federal contracting opportunities. For the complete article please click on the PDF link above. Announcements, 2011-11-16T19:49:47+00:00 http://www.oles.com/news/events/agc-alaska-presents-oles-morrison-with-2011-associate-of-the-year-award-at- http://www.oles.com/news/events/agc-alaska-presents-oles-morrison-with-2011-associate-of-the-year-award-at-#When:21:13:40Z The Associated General Contractors, Alaska Chapter presented Oles Morrison with 2011 Associate of the Year Award at their annual conference dinner and awards ceremony Saturday, November 5 in Anchorage Alaska. Traeger Machetanz, a partner at Oles Morrison, accepted the award. Announcements, 2011-11-15T21:13:40+00:00