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DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an...more

Health Care E-Note - November 2021

Helpful hints - OIG Updates Health Care Fraud Self-Disclosure Protocol (“SDP”)  - On November 8, 2021, the OIG issued an updated SDP to providers, which included clarifications of existing guidance and increased the minimum...more

OSHA Issues New Rule for Employee COVID-19 Vaccination and Testing

On November 5, 2021, OSHA will publish a new Emergency Temporary Standard (“ETS”) setting forth employee COVID-19 vaccination and testing requirements for employers with 100 or more employees. ...more

Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial...more

Health Care E-Note - March 2021

Helpful Hints - CMS Updates Nursing Home Guidance with Revised Visitation Recommendations - On March 10, 2021, CMS announced guidance on expanding indoor visitation in nursing homes, in response to significant...more

OSHA Launches National Emphasis Program to Protect High-Risk Workers from COVID-19 or Retaliation from COVID-19 Complaints

On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched a National Emphasis Program (“NEP”) to focus its COVID-19 enforcement efforts.  The NEP will remain in effect for up to one year from its...more

NLRB Confirms that Intermittent Strikes in Furtherance of an Unchanging Goal are Unprotected

In Walmart Stores, Inc., 368 NLRB No. 24 (July 25, 2019), a majority of the National Labor Relations Board (“NLRB” or “Board”) reaffirmed that a union’s intermittent strike scheme is unprotected where the short duration...more

It’s Time to Comment on OSHA’s Notice of Proposed Rulemaking

In May 2016, OSHA published a final rule to Improve Tracking of Workplace Injuries and Illnesses, which requires certain employers to, among other things, electronically submit injury and illness data to OSHA on an annual...more

The Return of Wage & Hour Opinion Letters

Employers with fact-specific questions arising under the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), and other federal wage and hour laws may once again seek guidance directly from the U.S....more

OSHA Penalties to Increase in 2016

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. The Federal Civil Penalties Inflation Adjustment Act...more

Burr Alert: Guns-To-Work Bill Passed In Alabama

On May 21, 2013, Alabama Governor Robert Bentley signed legislation that will expand Alabama gun rights in a number of ways. Most significantly, SB286 allows employees to store firearms in their personal vehicles in...more

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