DE Under 3: Major USDOL Policy Initiatives on Hold Pending Acting Secretary of Labor Julie Su's Confirmation Struggles
DE Under 3: U.S. Labor Secretary Walsh Expected to Resign
DE Under 3: Secretary Walsh Intervenes in Court, Religious Exemption Updates, & AAP Verification Deadline Extension Developments
Podcast: Who Is Marty Walsh and What Would His DOL Appointment Mean for Employers? - Employment Law This Week® - #WorkforceWednesday
Labor and Employment Podcast Series - Anticipations for 2021 Under the Biden Administration
#WorkforceWednesday: Biden Picks Labor Nominee, The Biden EEOC, Temporary Special Relief for FSAs - Employment Law This Week®
Employment Law Now IV-67- Today's U.S. DOL Phone Briefing re: Federal Coronavirus Initiatives
In my last column I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c)...more
You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional...more
1. On March 31, 2021, National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr issued a memorandum stating his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more
On January 21, 2021, President Biden signed an executive order directing OSHA to consider issuing an Emergency Temporary Standard (“ETS”) related to COVID-19. If the ETS is deemed necessary, the executive order instructed...more
On January 29, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published new guidance on mitigating and preventing the spread of COVID-19 in the workplace. In a press release announcing the new guidance,...more
They say that the only constant in life is change. Here is a quick overview of the shift that we expect to see in the realm of labor and employment after President-elect Joe Biden takes office. National Labor...more
Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more
A bill passed by the US House of Representatives on March 13 to address the coronavirus (COVID-19) public health emergency imposes a mandate on all employers with fewer than 500 employees, and on all federal and state...more
On November 21, 2019, the U.S. House of Representatives passed House Resolution (HR) 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, in a 251-158 vote. HR 1309 would direct the...more
Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more
On Tuesday, August 27, 2019, President Trump formally nominated Eugene Scalia to serve as Secretary of the United States Department of Labor. The Department of Labor is responsible for enforcing federal laws governing the...more
When the news broke Friday afternoon that Labor Secretary Alexander Acosta would be resigning from his post, employers across the country began wondering what this transition would mean for them. You may have even heard...more
On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more
On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more
Last week, Gillian had the distinct pleasure of attending the ABA Occupational Safety and Health Law Meeting in sunny and beautiful San Juan, Puerto Rico. The meeting included more than a dozen presentations and panels on...more
Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more
I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought...more
The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more
If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours....more
The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee. President-Elect Trump...more
Seyfarth Synopsis: OSHA “strongly supports” EPA’s proposed updates to its existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act. The proposed changes seek to...more
In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more
ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more