News & Analysis as of

Workplace Injury The United States Department of Labor

OSHA Proposes Delay for New Injury Reporting Requirements

Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more

Unions Leverage OSHA and other Dept. of Labor Enforcement as an Organizing Tactic

by Conn Maciel Carey LLP on

As the private sector continues to see a decline in labor union membership among employees, labor unions are struggling to remain relevant and recruit new, dues-paying members. Traditionally, when a labor union begins an...more

DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule

by Hinshaw & Culbertson LLP on

OSHA’s new anti-retaliation rule went into effect on December 1, 2016. The purpose of the new rule was to clarify what OSHA considered “the existing implicit requirement” that an employer work-related injury and illness...more

New Developments at OSHA!

by Stoel Rives LLP on

Following are a couple of significant new OSHA developments for all safety professionals to be aware of, relating to limitations for OSHA citations and validity of OSHA interpretation letters....more

Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

by Littler on

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

by Ballard Spahr LLP on

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

President Trump’s “One In, Two Out” Executive Order Signals Regulatory and Employment Policy Shift

by Burr & Forman on

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.-Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. On...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Employment Law Changes in the Trump Administration

by Burr & Forman on

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues. Although there issome...more

"Employment Flash - December 2016"

This edition of the Employment Flash looks at a Texas court's grant of a preliminary injunction blocking implementation of a DOL rule that would have more than doubled the minimum salary requirements for the executive,...more

Workplace Policy Institute Insider Report - December 2016

by Littler on

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

Interpretative Guidance on OSHA’s New Reporting Procedures and Retaliation Prohibitions

On October 19, 2016, the Department of Labor (DOL) issued an interpretative memorandum (Memorandum) regarding the final rule issued by the Occupational Safety and Health Administration (OSHA) earlier in the year amending 29...more

Labor & Employment E-Note - October 2016

by Burr & Forman on

In an article published on October 6, 2016 by the Society for Human Resource Management, Bryance Metheny provides insight to the delay in the overtime rule and the lawsuits brought against the Department of Labor...more

OCSLA Coverage for Land Injuries Has Limits

James Baker, Jr. v. Director, OWCP; Gulf Island Marine Fabricators, LLC, U.S. Fifth Circuit No. 15-60634 (August 19, 2016). In this case the Court of Appeals affirmed the Administrative Law Judge’s (ALJ) determination that...more

OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Workplace Policy Institute Insider Report — August 2016

by Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

by Pepper Hamilton LLP on

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting...more

OSHA Settlement May Point Direction on Injury Reporting Policies

Earlier this year, the Occupational Safety and Health Administration (OSHA) signaled an intention to take employers to task for maintaining policies that required employees to immediately report workplace injuries and...more

Client Alert - FMLA Employer Guide and Workers' Compensation Rate Increase

Helpful FMLA Resource for Employers - The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical...more

OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

by Baker Donelson on

Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness...more

New OSHA Rule Effective Next Month – Are Your Drug-Testing Policies Placing You At Risk?

by Dorsey & Whitney LLP on

Certain provisions of the Occupational Safety and Health Administration’s (“OSHA’s”) new reporting Rule, which go into effect on August 10, 2016, implicate employers’ post-injury and post-accident drug-testing policies. As...more

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