The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
The federal government recently issued a final rule permitting third parties – including union representatives – to accompany inspectors during facility walkarounds, raising many questions and concerns for employers from both...more
The Occupational Safety and Health Administration (OSHA) just finalized a rule that will allow workers to designate a union representative to accompany an OSHA inspector during a facility walkaround — regardless of whether...more
The Occupational Safety and Health Administration (OSHA) is close to finalizing a rule that will allow workers to designate a union representative to accompany an OSHA inspector during a facility walkaround — regardless of...more
Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more
2/23/2024
/ Adverse Employment Action ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
OSH Act ,
OSHA ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Standard of Proof ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Investigations ,
Workplace Safety
Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more
2/15/2024
/ Appeals ,
Citations ,
Complaint Procedures ,
Discovery ,
Electronic Records ,
Employer Liability Issues ,
Health and Safety ,
New Rules ,
OSHA ,
OSHRC ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
Colleges ,
Construction Industry ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
E-Verify ,
Educational Institutions ,
EEO-1 ,
Electronic Records ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Highly Compensated Employees ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
International Labor Laws ,
Joint Employers ,
Jury Verdicts ,
L-1 Visas ,
Labor Reform ,
Labor Relations ,
Labor Shortage ,
Manufacturing Employers ,
Mergers ,
Mexico ,
Name and Likeness ,
New Legislation ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Over-Time ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Payroll Taxes ,
Privacy Laws ,
Professional Employer Organization ,
Proposed Rules ,
Recordkeeping Requirements ,
Recruitment Policies ,
Remote Working ,
Reporting Requirements ,
Restaurant Industry ,
Restrictive Covenants ,
Retirement Plan ,
Salaried Employees ,
Scheduling Letters ,
School Districts ,
School Policies ,
SCOTUS ,
SECURE Act ,
Severance Agreements ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
State of Emergency ,
Student Athletes ,
Student Loans ,
Students ,
Tip Credit ,
Title IX ,
Trade Secrets ,
Transgender ,
Union Organizers ,
Unions ,
Universities ,
USCIS ,
Wage and Hour ,
Workplace Safety ,
Workplace Violence
Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more
The unfortunate uptick in active shooter events has led federal workplace safety officials to focus their sights on employers and whether they should be held responsible for the results of tragic events on their premises....more
As we enter the new year, and the fourth year of the pandemic, the COVID-19 virus continues to mutate. Two new Omicron subvariants, known as XBB and XBB.1.5 – unofficially nicknamed “Kraken” by some scientists – have emerged...more
1/11/2023
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Sick Employees ,
Social Distancing ,
Virus Testing ,
Workplace Safety
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...more
1/3/2023
/ Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
Privacy Laws ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more
11/15/2022
/ Appeals ,
Citations ,
Complaint Procedures ,
Discovery ,
Employer Liability Issues ,
Health and Safety ,
OSHA ,
OSHRC ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
The nation’s workplace safety and health watchdog agency recently announced that it will now cast a wider net to include even more workplaces in its enhanced inspection program known as the “Severe Violator Enforcement...more
With the uptick in the COVID-19 positivity rate due to the emerging dominance of the BA.5 variant – thought to be the most transmissible yet – beleaguered employers once again find themselves in the position of confronting...more
Federal workplace safety officials just announced an extension of its COVID-19 National Emphasis Program (NEP) that focuses its inspection targeting efforts on hospital and skilled nursing care facilities that treat or handle...more
As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more
The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
1/26/2022
/ Bitcoin ,
Blockchain ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentives ,
Infectious Diseases ,
Non-Fungible Tokens (NFTs) ,
OSHA ,
Tax Liability ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more
Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision....more
Employers may feel confused about the status of the lawsuits that blocked the OSHA Vaccine mandate-or-test ETS from going into effect as originally planned. Not only do you feel stuck in a litigation limbo, but you can’t make...more
In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more
Citing potential “grave statutory and constitutional issues” with the mandate-or-test emergency vaccine rule unveiled by OSHA on Thursday, a federal appeals court just issued an order blocking the ETS from taking effect on a...more