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OSHA Issues Proposed Workplace Heat Exposure Standard

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) issued its proposed national heat standard, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. In a preamble, OSHA, which...more

Businesses Face Restrictions and Requirements When Hiring, Employing 16- and 17-Year Olds

In some industries, worker shortages have caused employers to consider hiring 16- and 17-year-olds for non-hazardous occupations. The federal Fair Labor Standards Act (FLSA), in addition to establishing minimum wage and...more

OSHA Issues Guidance on Expanded “Walkaround Rule” That Potentially Allows Union Representatives in OSHA Inspections

Representation Rights Under the OSH Act - On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule re-interpreting Section 8(e) of the Occupational Safety and Health Act (OSH...more

Department of Labor Issues Final Rule Expanding Overtime Eligibility

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule raising the salary thresholds for overtime pay exemptions.  The new rule will drive up payroll costs across many industries.  In fact, the DOL...more

Lessons for Employers from Commodity Trader’s Conviction Under Foreign Corrupt Practices Act

On February 24, 2024, a federal jury in New York convicted former oil and gas trader Javier Aguilar of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violating the FCPA, and conspiracy to commit money...more

OSHA and the NLRB Partner to Coordinate Enforcement Actions

On October 31, 2023, the Occupational Safety and Health Administration (OSHA), the federal government agency that enforces workplace safety standards, and the National Labor Relations Board (NLRB), which enforces labor laws,...more

DOL Proposes Significantly Raising Minimum Salary for White-Collar Overtime Exemptions

On August 30, 2023, the U.S. Department of Labor (Department or DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary floor required to qualify for the overtime exemptions for executive,...more

OSHA Issues Heat Hazard Alert and Warns of Increased Enforcement

On July 27, 2023, the Occupational Safety and Health Administration (OSHA) announced a Heat Hazard Alert, warning employers that it will carry out more inspections in “high-risk industries like construction and agriculture”...more

Supreme Court Issues Unanimous Ruling in Religious Accommodation Case

Last week, the U.S. Supreme Court issued headline-grabbing decisions in which it split along ideological lines. But it was Thursday’s unanimous decision in Groff v. DeJoy (June 29, 2023), authored by Justice Samuel Alito,...more

EEOC Targets Construction Companies

On May 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a report that found race, sex, and national origin discrimination and harassment remains widespread in the construction industry. The 110-page...more

OSHA Gets Authority to Issue Visa Certifications Protecting Immigrants Who Aid Criminal Investigations

The Occupational Safety and Health Administration (OSHA) has announced that as of March 30, 2023, it will be authorized to give legal protection to immigrant workers involved in workplace safety and health inspections by...more

OSHA 300A Summaries Should Be Completed and Posted By Feb. 1, 2023

Most employers are required to complete OSHA Form 300A Summary of Work-Related Injuries and Illnesses for 2022 by Feb. 1, 2023, and to post it and keep it posted until April 30, 2023. The 300A log summarizes work-related...more

Planning a Holiday Party to Reduce Legal Risk

Holiday parties can be a fun way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for bad behavior resulting from alcohol consumption, including claims of sexual...more

OSHA Proposes Award of $22 Million in Whistleblower Case

On Sept. 1, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a news release claiming that a financial services employer “violated the whistleblower protection provisions of the...more

Employers should be aware of shifts in how arbitration agreements can be presented to employees

Arbitration agreements, which aim to keep legal disputes between employees and employers out of the courts, are becoming more common. However, recent developments have led to significant shifts in how and where enforceable...more

CDC Loosens COVID-19 Mask Guidance

On February 25, 2022 the CDC announced new guidance on when masks should be worn in indoor public places. This guidance is important for employers because OSHA recommends that workplaces follow current CDC guidance. (Note:...more

Supreme Court Stays OSHA Vaccinate-or-Test Mandate

Following up on our update of earlier this week, today the U.S. Supreme Court stayed implementation and enforcement of OSHA’s vaccination or testing ETS, while it allowed CMS’s mandate, which requires COVID-19 vaccination for...more

Supreme Court Hears Arguments in Vaccine Mandate Cases but Status of Mandates Remains Unresolved

On Jan. 7, 2022 the U.S. Supreme Court heard oral arguments in separate cases challenging two vaccine mandates—OSHA’s Emergency Temporary Standard (ETS) on vaccination or testing for employers with 100 or more employees, and...more

Sixth Circuit Dissolves Stay of OSHA Vaccine-or-Test Mandate and OSHA Issues New Compliance Dates

On Dec. 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the Occupational Safety and Health Administration (OSHA) can enforce its emergency temporary standard (ETS) to...more

Federal Contractor Vaccine Mandate Blocked in Three States

On November 30, 2021, Judge Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction blocking enforcement of the federal contractor COVID-19 vaccine mandate in Kentucky,...more

Developments Regarding Employee Vaccination Requirements

Recently we provided an overview of expected vaccine mandates for: (1) employers with 100 or more employees, (2) federal contractors, and (3) healthcare employers. On September 24, 2021 a task force issued guidance on...more

President Biden Announces Plan Calling for Employee Vaccination Requirements

On Sept. 9, 2021, President Biden issued a six-part plan to combat the ongoing COVID-19 pandemic “while also keeping schools open and safe, and protecting [the] economy from lockdowns and damage.”...more

FDA Full Approval of Pfizer’s COVID-19 Vaccine: To Mandate or Not to Mandate, That is the Question

Over the past year and a half, employers have become all too familiar with various public health agencies and their regulations, recommendations, and preventative measures. For the past several months, a big question for...more

OSHA Updates COVID-19 Guidance

On August 13, 2021, OSHA updated its COVID-19 guidance applicable to employers not covered by its recent healthcare emergency temporary standard (ETS). The update includes general statements intended to reflect the CDC’s...more

N.C. and S.C. OSHA Agencies Take Different Approaches to Emergency COVID-19 Standard

North Carolina and South Carolina enforce their own workplace safety and health plans. As “state plan states,” they are required to adopt regulations that are at least as effective as those adopted by the federal...more

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