Twenty-two states have OSHA-approved state plans that cover both private and state and local government workers. While state plans must be at least as effective as federal OSHA, some state plans have regulations unique to...more
Employers expect OSHA to show up after reporting a serious incident or when employees complain about certain types of hazards, but the agency has been focused now, more than ever it seems, on proactive enforcement methods. As...more
On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative,...more
4/26/2024
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Job Duties ,
Minimum Salary ,
Over-Time ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more
3/18/2024
/ Anti-Harassment Policies ,
Best Practices ,
Cal-OSHA ,
California ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
General Duty Clause ,
Incident Response Plans ,
Negligent Hiring ,
Negligent Supervision ,
New Legislation ,
OSH Act ,
OSHA ,
Recordkeeping Requirements ,
Rulemaking Process ,
State Labor Laws ,
Webinars ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Although the Supreme Court has not taken up the issue and the status of sexual orientation discrimination remains uncertain, another Circuit Court of Appeals has now affirmatively ruled on the issue. In a 10-3 en banc...more
As of January 2, 2018, civil penalties for workplace safety and health violations issued by federal OSHA increased again by 2% across the board. Although a 2% increase does not shock the system, this increase is part of a...more
Although summer seems far away, now is the time when most employers begin to prepare for their summer internship programs. Internships are a great way to give college students or new professionals some hands-on experience in...more
The ball has dropped, the confetti has been swept out of Times Square, and 2017 is in the books. It’s time to look back and take stock of what we learned from and about OSHA over the past year. More importantly, the...more
California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more
12/15/2017
/ Background Checks ,
Ban the Box ,
California Family Rights Act (CFRA) ,
Contractors ,
Criminal Background Checks ,
Employee Training ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Form I-9 ,
Hiring & Firing ,
Immigration Enforcement ,
Job Applicants ,
Labor Standards Enforcement ,
Local Ordinance ,
Minimum Wage ,
Parental Leave ,
Retaliation ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Subcontractors ,
Supervisors ,
Transgender ,
Wage and Hour
The holiday season is here, and employees are looking forward to celebrating with their family and co-workers. However, the office holiday party – an anticipated yearly tradition in many workplaces – has now become a cause...more
The December 1, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA is less than two weeks away. We have been tracking closely the Trump...more
Only a few months after the California Department of Fair Employment and Housing amendments to the FEHA regulations went into effect on July 1, 2017, which centralize, clarify, and expand protections for transgender...more
Many companies frequently use non-compete and non-solicit clauses in their employment agreements. However, there are several important legal issues to consider before drafting and executing these agreements. When an employee...more
It is essential for employers to develop, maintain, and evaluate their employee complaint policy and procedure to foster a supportive work environment and address employee issues before they turn into a regulatory issue or...more
On September 19, 2017, the Senate Health, Education, Labor and Pensions (“HELP”) Committee held confirmation hearings for President Trump’s nominees to fill the two vacant Equal Employment Opportunity Commission (“EEOC” or...more
OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires employers of certain sizes that fall into certain categories to proactively submit electronic injury and...more
OSHA’s controversial Electronic Injury and Illness Recordkeeping data submission rule, along with new Anti-Retaliation elements, has thus far survived a barrage of negative stakeholder comments during the rulemaking, multiple...more
California Assembly Bill (AB) 5, the Opportunity to Work Act, was recently approved by the California Assembly Committee on Labor and Employment in April 2017. The Appropriations Committee postponed a hearing on the bill...more
One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more
In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule. As published last...more
This webinar will discuss some of the more discrete and growing areas of anti-discrimination law at the state and federal level. For instance, ban the box laws have become very popular at the state level to prevent...more
On May 2, 2017, the U.S. House of Representatives passed the Working Family Flexibility Act of 2017 – a bill that would amend the Fair Labor Standards Act (FLSA) to permit private employees to take paid time off instead of...more
OSHA initiated a “Standards Improvement Project” in 1995 in response to a memorandum from Pres. Clinton in order to make non-controversial, consensus changes to requirements in OSHA standards that are confusing, outdated,...more
The Department of Labor was extremely active in 2016 as President Obama’s second term came to a close. From more than doubling the threshold salary level to be classified as an exempt employee to requiring employers provide...more
3/8/2017
/ Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Exempt-Employees ,
Federal Contractors ,
Minimum Salary ,
Obama Administration ,
OSHA ,
Reporting Requirements ,
Sick Leave ,
Threshold Requirements ,
Trump Administration ,
Wage and Hour ,
Webinars ,
White-Collar Exemptions
The ball has dropped, the confetti has been swept out of Times Square, and 2016 (and the Obama Administration) is in the books. It is time to look back at the year and take stock of what we learned from and about OSHA over...more