Megan Black

Megan Black

Smith Anderson

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Latest Publications


State Minimum Wages Increase in the New Year

Although the minimum wage under the federal Fair Labor Standards Act (FLSA) remains the same for 2016, the minimum wage increases under the laws of 14 states. Currently, 29 states and the District of Columbia have minimum...more

1/21/2016 - FLSA Minimum Wage Wage and Hour

No Good Deed Goes Unpunished...Can "Good Samaritans" Trigger OSHA's Bloodborne Pathogens Standard?

Many companies that maintain first aid kits and AED (automated external defibrillator) units at their facilities do not assign specific employees to provide first aid/medical assistance in times of need. Rather, companies...more

9/22/2015 - OSHA Workplace Safety

DOL Issues Guidance Concluding that Most Workers are Employees Under the FLSA

The Department of Labor (DOL) recently issued new guidance addressing independent contractor classification under the Fair Labor Standards Act (FLSA). In Administrator’s Interpretation No. 2015-1, the DOL interprets the...more

8/28/2015 - Administrative Interpretation Classification Control Test DOL Economic Realities Test Employee Definition FLSA Independent Contractors Misclassification Multi-Factor Test New Guidance

Americans with Disabilities Act: Focusing on Reasonable Accommodations

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

8/27/2015 - ADA Best Management Practices Confidential Information Essential Functions Interactive Process Medical Certification Requests Reasonable Accommodation Webinar

OSHA Proposes Rule Clarifying Record Retention Requirements for Injury and Illness Logs

One of the questions often asked by employers is “how long do I have to keep a given record?” Record retention requirements vary from law to law and many companies struggle with the question of how long to keep certain...more

8/21/2015 - Comment Period NPRM OSHA Proposed Regulation Record Retention Workplace Injury

[Webinar] Americans with Disabilities Act: Reasonable Accommodations Process and Handling Requests Properly - August 25, 1:00pm...

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

8/10/2015 - ADA Disability Duty to Accommodate Medical Leave Reasonable Accommodation Webinars

California Employees Entitled to Paid Sick Leave Beginning Today

Have you reviewed your paid time off (PTO) policy lately? If you have employees in California, now is the time to do so. Effective today, July 1, 2015, employers with California employees will be required to comply with that...more

7/2/2015 - Employee Rights Healthy Workplaces Healthy Families Act 2014 Notice Requirements PTO Recordkeeping Requirements Sick Leave

OSHA Issues More Guidance Regarding Temporary Workers

The Occupational Health and Safety Administration (OSHA) has issued two new bulletins in support of its ongoing Temporary Worker Initiative. The initiative was launched two years ago to increase OSHA’s focus on temporary...more

6/23/2015 - Corporate Counsel Employer Liability Issues OSHA Recordkeeping Requirements Staffing Agencies Temporary Employees Whistleblower Protection Policies Workplace Safety

OSHA Issues Final Rule on Confined Spaces in Construction

The Occupational Safety and Health Administration (OSHA) has issued its long-awaited final rule on construction work in confined spaces. Beginning August 3, 2015, the new confined spaces in construction standard will replace...more

5/8/2015 - Construction Industry Construction Workers Contractors OSHA Safety Precautions Workplace Safety

Strategies for Avoiding Multi-Employer Liability

The past influx of federal construction project funds has brought increased scrutiny from OSHA when it comes to multi-employer liability (i.e., holding more than one employer liable for workplace safety violations stemming...more


New Year...New Minimum Wages in 20 States

The minimum wage under the federal Fair Labor Standards Act remains unchanged, but the new year brings minimum wage increases in 20 states. With these increases, 29 states and the District of Columbia now have minimum wage...more

1/23/2015 - FLSA Minimum Wage New Legislation

OSHA Expands Reporting and Recordkeeping Requirements

Effective January 1, 2015, the revised Occupational Safety & Health Administration recordkeeping and reporting rules will go into effect, expanding injury reporting requirements and imposing recordkeeping requirements on...more

12/17/2014 - Employer Mandates OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

Will Ebola Drive a New OSHA Infectious Disease Standard?

If asked, most safety directors, human resource professionals and others involved regularly with OSHA would probably cite construction as the industry most associated with employee injury and illness. Yet, according to OSHA...more

11/21/2014 - Ebola Employer Liability Issues Health Care Providers OSHA Social Welfare Organizations Workplace Hazards Workplace Safety

OSHA Initiative Directs Untimely Whistleblowers To NLRB

The Occupational Safety & Health Administration recently has entered into a referral agreement with the National Labor Relations Board (NLRB) under which it will direct workers wanting to pursue time-barred retaliation claims...more

8/29/2014 - Employee Rights NLRB NRLA OSHA Whistleblower Protection Policies Whistleblowers

Protecting Workers From Heat Stress

The long, hot summer months are upon us...Did you know that an employer’s “duty to provide a safe workplace” under OSHA includes protecting employees from illness caused by heat stress? Heat stroke, heat cramps, heat...more

7/30/2014 - Employer Liability Issues OSHA Safety Precautions Workplace Hazards Workplace Injury

eTrends - Proposed Rule Would Revise FMLA’s Definition of “Spouse”

The United States Department of Labor (“DOL”) has proposed a rule to revise the definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”) to afford same-sex married couples the same rights as heterosexual...more

7/2/2014 - DOL DOMA FMLA Proposed Regulation Same-Sex Marriage US v Windsor

eTrends – Summer Interns may be Entitled to Wage and Hour Protection

Employers who use summer interns should be aware that interns may be entitled to certain protections under the labor laws. Generally, interns are considered to be employees entitled to minimum wage and overtime protections....more

6/20/2014 - DOL Employer Liability Issues Engagement Letters FLSA Internships Minimum Wage Over-Time Wage and Hour

North Carolina Unemployment Insurance Reform

In this Presentation: - The Push for Reform - House Bill 4 - Increased UI Tax Rates - Reduction in Weekly Benefit Amount - Reduction in Duration of Benefits - Waiting Week for Each...more

2/13/2014 - Insurance Reform Unemployment Unemployment Insurance

North Carolina’s New Gun Control Laws to Have Little Effect on Many Employers

The North Carolina General Assembly passed new gun control legislation this past session which was signed into law by Governor Pat McCrory on July 29, 2013. ...more


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