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Are You Ready?

November 8, 2023 - The new OSHA reporting rule requires the electronic submission of more data from more employers It’s not too early for employers — particularly those in specific industries — to consider their upcoming injury and illness reporting responsibilities to the Occupational Safety and Health Administration (OSHA). While the reporting deadline is still a few months away […]

OSHA is Targeting Engineered Stone Fabricators

November 6, 2023 - The Occupational Health and Safety Administration (OSHA) recently launched a new enforcement program to protect stone fabrication and installation workers. OSHA has identified two North America Industry Classification System (NAICS) codes for this focused initiative: 327991 – Cut Stone and Stone Product Manufacturing and 423320 – Brick, Stone, and Related Construction Material Merchant Wholesalers. Exposure […]

Who’s the Boss?

November 3, 2023 - NLRB Expands the Definition of Joint Employment. On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) published a final rule establishing a new standard for determining when and how two employers are “joint employers” of the same employees. This new standard amends the standard for determining joint-employer status under the National […]

The DOL Wants to Revise Overtime Rules

October 20, 2023 - The new rule would result in higher wages for millions of workers The Biden administration wants the Department of Labor (DOL) to rewrite the eligibility rules for overtime pay under the Fair Labor Standards Act (FLSA) — and the change would result in higher wages for approximately 3.6M workers. An update is overdue On September […]

New Guidance from the EEOC About Harassment in the Workplace

October 17, 2023 - On October 2, 2023, the Equal Employment Opportunity Commission (EEOC or “the Commission”) published its long-anticipated Proposed Enforcement Guidance on Harassment in the Workplace. It is consistent with the Commission’s Strategic Enforcement Plan Fiscal Years 2024-2028 published in September and includes new explicit protections for women, LGBTQ+ individuals, people living with disabilities, those with a […]

A Union-Friendly NLRB Makes Drafting Employee Handbooks Harder and Employee Organizing Easier

September 22, 2023 - Employers need to prepare themselves for more interactions with organized labor Just as the Occupational Health and Safety Administration (OSHA) was announcing plans to make it easier for union representatives to accompany compliance officers on inspections, the National Labor Relations Board (NLRB, or “Board”) made a few union-friendly rulings that diminish an employer’s procedural rights […]

What is Authorized Employee Representation?

September 15, 2023 - A proposed rule would enable third-party employee representatives — including union reps — to join OSHA inspections. We knew it was coming. Earlier this year, the Occupational Safety and Health Administration (OSHA) announced its intentions to revive an unpopular, Obama-era enforcement policy known as the Fairfax Memo. This policy —implemented in 2013 through a memorandum […]

Employee Handbook Language Under Scrutiny

September 13, 2023 - The NLRB is changing (again) the rules about work rules and handbooks A recent, divided decision by the National Labor Relations Board (NLRB, or “the Board”) has once again changed the standard of review for employee handbook policies and how those policies affect an employee’s “right to self-organization, to form, join, or assist labor organizations, […]

Sounding the Alarm

September 5, 2023 - OSHA’s Heat-Hazard Alert and the Employer’s Responsibilities This year’s extreme summer heat recently prompted action from the White House. In late July, President Biden requested that the Department of Labor “ramp up enforcement of heat-safety violations” and increase inspections in high-risk industries — while continuing to develop a national standard for workplace heat-safety rules. These […]

Emphasizing the “Personal” in PPE

September 1, 2023 - OSHA seeks to ensure the “proper fit” of personal protective equipment in the construction industry The Occupational Health and Safety Administration (OSHA) recently clarified some language in the construction industry’s current standard governing personal protective equipment (PPE). In late July, OSHA published a notice of proposed rulemaking (NPRM) that amends the current PPE standard — […]

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