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Status of OSHA’s Electronic Recordkeeping Rule – The First Deadline to Submit Injury Data is Upon Us

The December 1, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA is less than two weeks away. We have been tracking closely the Trump...more

California Governor Signs SB 396 Requiring Training on Gender Identity Harassment

Only a few months after the California Department of Fair Employment and Housing amendments to the FEHA regulations went into effect on July 1, 2017, which centralize, clarify, and expand protections for transgender...more

[Webinar] Best Practices for Employers When Dealing With Issues Relating to Employment Agreements with Restrictive...

Many companies frequently use non-compete and non-solicit clauses in their employment agreements. However, there are several important legal issues to consider before drafting and executing these agreements. When an employee...more

[Webinar] Addressing Employee Complaints: Whistleblower / Retaliation Claims and OSHA Notices of Alleged Hazards - October 17th,...

It is essential for employers to develop, maintain, and evaluate their employee complaint policy and procedure to foster a supportive work environment and address employee issues before they turn into a regulatory issue or...more

Hearings for EEOC Nominees Highlight Potential Shifts in EEOC Policy and Agenda

On September 19, 2017, the Senate Health, Education, Labor and Pensions (“HELP”) Committee held confirmation hearings for President Trump’s nominees to fill the two vacant Equal Employment Opportunity Commission (“EEOC” or...more

9/29/2017  /  EEO-1 , EEOC , HELP , LGBT , Title VII , Trump Administration

Status of State Plan Implementation of OSHA’s E-Recordkeeping Data Submission Rule

OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires employers of certain sizes that fall into certain categories to proactively submit electronic injury and...more

[Webinar] Update on OSHA's Electronic Recordkeeping and Anti-Retaliation Rule - September 12th, 1:00pm ET

OSHA’s controversial Electronic Injury and Illness Recordkeeping data submission rule, along with new Anti-Retaliation elements, has thus far survived a barrage of negative stakeholder comments during the rulemaking, multiple...more

California Opportunity to Work Act Spells Trouble for Employers

California Assembly Bill (AB) 5, the Opportunity to Work Act, was recently approved by the California Assembly Committee on Labor and Employment in April 2017. The Appropriations Committee postponed a hearing on the bill...more

Workplace Harassment 101

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule. As published last...more

[Webinar] The Changing Landscape of Anti-Discrimination Laws and Workplace Policies in Light of the NLRB - June 8th, 1:00pm ET

This webinar will discuss some of the more discrete and growing areas of anti-discrimination law at the state and federal level. For instance, ban the box laws have become very popular at the state level to prevent...more

House Passes Amendment to Fair Labor Standards Act Permitting Private Sector Comp Time

On May 2, 2017, the U.S. House of Representatives passed the Working Family Flexibility Act of 2017 – a bill that would amend the Fair Labor Standards Act (FLSA) to permit private employees to take paid time off instead of...more

[Webinar] OSHA's Standards Improvement Project: "Unexpected" Changes to the Lockout/Tagout Standard - March 28th, 1:00pm EDT

OSHA initiated a “Standards Improvement Project” in 1995 in response to a memorandum from Pres. Clinton in order to make non-controversial, consensus changes to requirements in OSHA standards that are confusing, outdated,...more

3/13/2017  /  OSHA , Safety Standards , Webinars

[Webinar] A Review of the DOL's Major 2016 Regulatory Initiatives and How (and / or Whether) those will be Implemented in the...

The Department of Labor was extremely active in 2016 as President Obama’s second term came to a close. From more than doubling the threshold salary level to be classified as an exempt employee to requiring employers provide...more

[Webinar] Top 5 OSHA Issues to Track in 2017 - January 25th, 1:00pm EST

The ball has dropped, the confetti has been swept out of Times Square, and 2016 (and the Obama Administration) is in the books. It is time to look back at the year and take stock of what we learned from and about OSHA over...more

Whistleblower Retaliation Article Published in BLR’s HR Daily Advisor and Upcoming Webinar

BLR recently published a two piece article in the HR Daily Advisor by Kara Maciel and Daniel Deacon, of Conn Maciel Carey’s national Labor & Employment Law Practice Group, regarding government agencies increased focus on...more

OSHA Issues Guidance on Recordkeeping Anti-Retaliation Rule Even with Fate of the Rule in Question

OSHA’s new electronic injury recordkeeping rule includes anti-retaliation provisions that create new employer obligations and prohibitions related to internal employee injury reporting procedures, and expands OSHA’s...more

Texas Judge Blocks DOL Persuader Rule with Nationwide Permanent Injunction

On November 16, 2016, a Texas federal judge permanently blocked the U.S. Department of Labor (“DOL”) from enforcing its persuader rule in National Federation of Independent Business, et al. v. Thomas E. Perez, et al., Case...more

OSHA Postpones Enforcement of Anti-Retaliation Provisions of e-Recordkeeping Rule Again

OSHA has once again delayed enforcement of the controversial anti-retaliation provisions of its new electronic injury and illness recordkeeping rule. OSHA issued its second delay of the effective date of enforcement of this...more

EEOC and State Legislatures Focus on Pay Equity and Transparency

If there is one issue that has remained a hot topic in employment news throughout 2016, it is pay equity and transparency. These topics have not only garnered attention at the federal level but at the state level as...more

States and Businesses Seek Injunction to Prevent DOL Overtime Rule From Taking Effect on December 1

On September 20, 2016, business groups and states filed two lawsuits in the U.S. District Court for the Eastern District of Texas challenging President Obama’s new overtime rule that is set to take effect December 1, 2016. ...more

NFL, Employers, and the Office Fantasy Pool – Gambling in the Workplace

With the start of a new NFL football season around the corner, many employers are likely hearing chatter around the workplace about the upcoming season, predictions, and office football leagues. Office betting pools can have...more

OSHA’s Recordkeeping Anti-Retaliation Rule: Assault on Pizza Parties, Drug Tests and Exec Compensation

OSHA’s recent Injury and Illness Recordkeeping reform has created quite a stir for employers. As we discussed in an earlier article about the new Recordkeeping rule, OSHA now requires employers to electronically submit to...more

BEWARE OSHA Phishing Scam Email

Employers should be cautious of an email that has been circulating to numerous employers around the country that appears on its face to be a request from OSHA to download a guidance document about “Safety & Health at U.S.:...more

8/26/2016  /  DOL , Email , HHS , OSHA , Phishing Scams

House Appropriations Committee OK’s Spending Bill that Prohibits Enforcement of Controversial DOL and NLRB Regulations and...

On July 14th, the House Appropriations Committee approved a $161.6 billion draft Labor, Health, and Human Service bill that contains several provisions that would prevent the Department of Labor (“DOL”) and the National...more

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