On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments about the agency’s Notice of Proposed Rulemaking...more
Michigan employers, take note: as of March 4, 2025, the Michigan Occupational Safety and Health Administration (MIOSHA) has officially amended Administrative Rule Part 13 – Inspections and Investigations, Citations, and...more
The protection of trade secrets and confidential information is critical to the success of many organizations. Employers must remain vigilant against the growing risk of sensitive information being compromised, especially...more
4/1/2025
/ Best Practices ,
Confidential Information ,
Confidentiality Agreements ,
Data Theft ,
Employee Mobility ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Former Employee ,
Hiring & Firing ,
Misuse of Information ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Pending Legislation ,
Proprietary Information ,
Remote Working ,
Sensitive Business Information ,
State Labor Laws ,
Trade Secrets ,
Webinars
The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more
3/31/2025
/ Anti-Discrimination Policies ,
Diversity and Inclusion Standards (D&I) ,
Employee Rights ,
Employee Training ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Retaliation ,
Reverse Discrimination ,
Title VII
As Rep. Lori Chavez-DeRemer braces for a flurry of questions at her confirmation hearing before the Senate Committee on Health, Education, Labor, and Pensions (HELP) on her way to a full Senate vote to become President...more
2/19/2025
/ Department of Labor (DOL) ,
Employee Rights ,
Employment Policies ,
Labor Policies ,
Labor Reform ,
Labor Relations ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Presidential Nominations ,
Regulatory Agenda ,
Safety Inspections ,
Secretary of Labor ,
Trump Administration ,
Unions ,
Workplace Safety
Last year, many of our clients began asking us about the feasibility of requiring or, at the very least, providing their employees with the option of using “wearable technology” in the workplace. As wearable technologies...more
2/10/2025
/ Americans with Disabilities Act (ADA) ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Privacy ,
Data Protection ,
Discrimination ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Privacy Laws ,
Risk Management ,
Title VII ,
Wearable Technology
President Trump was sworn in for a second term the morning of January 20th, and he spent the rest of that day setting a record for the most ever Day 1 executive actions (i.e., Executive Orders, Proclamations, pardons, etc.). ...more
On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments on the agency’s Notice of Proposed Rulemaking...more
1/20/2025
/ Biden Administration ,
Comment Period ,
Department of Labor (DOL) ,
Employees ,
Enforcement Actions ,
Final Rules ,
Heat Exposure ,
NEP ,
NPRM ,
OSHA ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Trump Administration ,
Workplace Safety
Artificial intelligence (AI) is rapidly transforming how businesses operate. From automating repetitive tasks to streamlining decision-making, AI has become a powerful tool for increasing efficiency and fostering innovation....more
12/6/2024
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employment Discrimination ,
Governance Standards ,
NLRA ,
Transparency ,
Wage and Hour
The latest phenomenon in artificial intelligence (“AI”), generative AI such as ChatGPT, has changed the world as we know it. While some fear AI will replace workers and others praise its efficiency and productivity, there is...more
10/30/2024
/ Algorithms ,
Artificial Intelligence ,
Best Practices ,
Confidential Information ,
Continuing Legal Education ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
OSHA ,
Trade Secrets ,
Webinars
As loyal readers of the OSHA Defense Report know, OSHA continues to look for ways to proactively inspect workplaces in industries that the agency believes merit greater attention, including through the development of new...more
To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process...more
6/10/2024
/ Biden Administration ,
Congressional Review Act ,
Employee Representatives ,
Employer Liability Issues ,
Final Rules ,
NLRA ,
Obama Administration ,
OSHA ,
Safety Inspections ,
Strategic Planning ,
Workplace Hazards ,
Workplace Safety
The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) guiding employers on the use of artificial intelligence (AI) in human resources activities. The FAB focuses on how the use...more
6/10/2024
/ Artificial Intelligence ,
Automation Systems ,
Employee Polygraph Protection Act (EPPA) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Field Assistance Bulletins ,
Human Resources Professionals ,
Location Data ,
Rest and Meal Break ,
Timekeeping ,
Wage and Hour
After an unusually short time at OMB, earlier today, OSHA revealed a pre-publication version of its Final Worker Walkaround Representative Designation Process Rule. The Official Final Rule will issue when it is published in...more
Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more
3/27/2024
/ Best Practices ,
Citations ,
Employer Liability Issues ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
General Duty Clause ,
Memorandum of Understanding ,
Occupational Exposure ,
OSH Act ,
OSHA ,
Risk Mitigation ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
Webinars ,
Workplace Hazards ,
Workplace Safety
We have an important update to share about the status and now more clear outcome of OSHA’s rulemaking for a Worker Walkaround Designation Process Rule. Thursday, OMB updated the entry on its website about the Worker...more
In early 2023, OSHA revealed plans for a rulemaking for a Worker Walkaround Representative Designation Process Rule that would amend existing regulation 29 CFR § 1903.8(c), which governs participation by third parties in OSHA...more
When used appropriately, worker surveillance technologies like time and attendance software, video surveillance systems, GPS tracking software, and biometric technology can benefit employers in a variety of ways, including by...more
By Darius Rohani-Shukla and Eric J. Conn In late January 2024, the Department of Labor released its annual report summarizing the Solicitor of Labor’s (SOL) enforcement work in FY 2023. SOL enforces more than 180 federal...more
2/20/2024
/ Annual Reports ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Enforcement Priorities ,
Mandatory Arbitration Clauses ,
Misclassification ,
Retaliation ,
Solicitor of Labor ,
Wage and Hour