On July 2, 2024, the Occupational Safety and Health Administration (OSHA) issued its proposed national heat standard, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. In a preamble, OSHA, which...more
In some industries, worker shortages have caused employers to consider hiring 16- and 17-year-olds for non-hazardous occupations.
The federal Fair Labor Standards Act (FLSA), in addition to establishing minimum wage and...more
Representation Rights Under the OSH Act -
On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule re-interpreting Section 8(e) of the Occupational Safety and Health Act (OSH...more
On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule raising the salary thresholds for overtime pay exemptions. The new rule will drive up payroll costs across many industries. In fact, the DOL...more
On February 24, 2024, a federal jury in New York convicted former oil and gas trader Javier Aguilar of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violating the FCPA, and conspiracy to commit money...more
On October 31, 2023, the Occupational Safety and Health Administration (OSHA), the federal government agency that enforces workplace safety standards, and the National Labor Relations Board (NLRB), which enforces labor laws,...more
On August 30, 2023, the U.S. Department of Labor (Department or DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary floor required to qualify for the overtime exemptions for executive,...more
On July 27, 2023, the Occupational Safety and Health Administration (OSHA) announced a Heat Hazard Alert, warning employers that it will carry out more inspections in “high-risk industries like construction and agriculture”...more
Last week, the U.S. Supreme Court issued headline-grabbing decisions in which it split along ideological lines. But it was Thursday’s unanimous decision in Groff v. DeJoy (June 29, 2023), authored by Justice Samuel Alito,...more
7/5/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS
On May 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a report that found race, sex, and national origin discrimination and harassment remains widespread in the construction industry. The 110-page...more
The Occupational Safety and Health Administration (OSHA) has announced that as of March 30, 2023, it will be authorized to give legal protection to immigrant workers involved in workplace safety and health inspections by...more
Most employers are required to complete OSHA Form 300A Summary of Work-Related Injuries and Illnesses for 2022 by Feb. 1, 2023, and to post it and keep it posted until April 30, 2023. The 300A log summarizes work-related...more
Holiday parties can be a fun way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for bad behavior resulting from alcohol consumption, including claims of sexual...more
On Sept. 1, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a news release claiming that a financial services employer “violated the whistleblower protection provisions of the...more
Arbitration agreements, which aim to keep legal disputes between employees and employers out of the courts, are becoming more common. However, recent developments have led to significant shifts in how and where enforceable...more
On February 25, 2022 the CDC announced new guidance on when masks should be worn in indoor public places. This guidance is important for employers because OSHA recommends that workplaces follow current CDC guidance. (Note:...more
Following up on our update of earlier this week, today the U.S. Supreme Court stayed implementation and enforcement of OSHA’s vaccination or testing ETS, while it allowed CMS’s mandate, which requires COVID-19 vaccination for...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On Jan. 7, 2022 the U.S. Supreme Court heard oral arguments in separate cases challenging two vaccine mandates—OSHA’s Emergency Temporary Standard (ETS) on vaccination or testing for employers with 100 or more employees, and...more
On Dec. 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the Occupational Safety and Health Administration (OSHA) can enforce its emergency temporary standard (ETS) to...more
On November 30, 2021, Judge Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction blocking enforcement of the federal contractor COVID-19 vaccine mandate in Kentucky,...more
Recently we provided an overview of expected vaccine mandates for: (1) employers with 100 or more employees, (2) federal contractors, and (3) healthcare employers.
On September 24, 2021 a task force issued guidance on...more
On Sept. 9, 2021, President Biden issued a six-part plan to combat the ongoing COVID-19 pandemic “while also keeping schools open and safe, and protecting [the] economy from lockdowns and damage.”...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Over the past year and a half, employers have become all too familiar with various public health agencies and their regulations, recommendations, and preventative measures. For the past several months, a big question for...more
On August 13, 2021, OSHA updated its COVID-19 guidance applicable to employers not covered by its recent healthcare emergency temporary standard (ETS). The update includes general statements intended to reflect the CDC’s...more
North Carolina and South Carolina enforce their own workplace safety and health plans. As “state plan states,” they are required to adopt regulations that are at least as effective as those adopted by the federal...more