According to the U.S. Department of Justice (DOJ), on July 15, 2021, DaVita Inc. and its former chief executive officer were accused in an indictment of two counts of violating the Sherman Act, an antitrust law, by conspiring...more
On July 9, 2021, President Biden issued an executive order on “Promoting Competition in the American Economy.” The order directs more than a dozen federal agencies to address a wide range of competition-related issues. One...more
In 2020, non-exempt, hourly employees of Lowe’s sued the home improvement retailer under the Fair Labor Standards Act (FLSA) for not including payment of a one-time bonus, and payment for time spent on charitable volunteer...more
On January 21, 2021, one day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to consider issuing a broad emergency temporary standard (ETS)...more
The day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to “consider whether any emergency temporary standards on COVID-19, including with...more
On Jan. 29, 2021, the Occupational Health and Safety Administration (OSHA) issued new guidance on workplace safety during the COVID-19 pandemic. The guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing...more
One year ago this week, we released our first “insight” on a COVID-19-related issue, titled “OSHA Publishes Resource on Coronavirus Outbreak.” At that time we were starting to get questions from clients about employee travel...more
As the U.S. Food and Drug Administration (FDA) prepares to authorize two COVID-19 vaccines for use, employers are asking if they can, and should, require that employees be vaccinated....more
Updated on 11/16/2020
COVID-19 cases in the United States have been increasing rapidly in recent weeks, and the surge is expected to continue into the winter. On Nov. 15, 2020, the rolling seven-day average of confirmed...more
On Sept. 16, 2020, the Wall Street Journal reported that a “second wave of coronavirus infections” is “gather[ing] momentum across Europe,” but this time, “governments are determined to avoid large-scale lockdowns and instead...more
Under new OSHA guidance that goes into effect on May 26, 2020, employers covered by OSHA’s recordkeeping requirements must determine if an employee who contracts COVID-19 was infected while at work. According to the new...more
A recent Washington Post headline read: “Thousands of OSHA complaints filed against companies for virus workplace safety concerns, records show.” The sub-headline stated: “Employees told regulators about failures to follow...more
An April 17, 2020 Washington Post headline read: “Thousands of OSHA complaints filed against companies for virus workplace safety concerns, records show.” The sub-headline stated: “Employees told regulators about failures to...more
In the current pandemic, it is important for construction employers to understand safety and health best practices to prevent the spread of the novel coronavirus.While no OSHA standards relate specifically to communicable...more
In response to the spread of COVID-19, Mecklenburg County, the City of Charlotte, and other municipalities in the county have issued a “stay at home” order that goes into effect on Thursday, March 26, 2020, at 8:00 a.m. The...more
The Occupational Safety and Health Administration (OSHA) has published a new webpage that links to resources on the agency’s site about workplace safety and health issues raised by the 2019 Novel Coronavirus outbreak....more
On January 7, 2020 OSHA used its Twitter account to remind covered employers to electronically submit the OSHA 300A summary for 2019 by no later than March 2, 2020. Covered employers for this purpose are those with...more
A new guidance letter from the Occupational Safety and Health Administration (OSHA) states it is legal, but not necessarily advisable, for workers to use headphones to listen to music on a construction site even if the...more
Whistleblower issues are in the news, mainly because a U.S. intelligence officer recently filed a complaint against President Trump under the Intelligence Community Whistleblower Protection Act (ICWPA). The complaint, which...more
Many employers provide employees with the opportunity to participate in community service projects during their off-duty time, like mentoring youth, cleaning waterways, painting and repairing shelters, and building affordable...more
Workplace Safety And Summer Heat -
Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat...more
In December 2012, a “service coordinator” (similar to a community service worker and home health worker) employed by Integra Health Management Inc. was fatally stabbed during a home visit to one of the company’s clients....more
The budget impasse in Washington is affecting some employment law and related matters. Here is how...more
Holiday parties are a great way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for harm caused by employees who become intoxicated during the festivities....more
On Oct. 11, 2018, the Occupational Health and Safety Administration (OSHA) sent a Standard Interpretation Memorandum to its regional administrators and to state plan designees clarifying its position on post-incident drug...more