Recent Blog Posts
- Labor Department Backs Away from Permitting Unions at OSHA Safety Inspections As we reported last week, the U.S. District Court refused to dismiss a challenge to OSHA’s controversial 2013 Fairfax Memorandum, which allowed for the participation of union representatives in OSHA safety inspections at workplaces where the union did not represent the workers. We asked at the time whether the Trump Administration would continue to defend that change in policy. This week, we saw the first concrete evidence suggesting that OSHA is at least reconsidering and may at a minimum drop... More
- Court Refuses to Dismiss Challenge to OSHA Practice Allowing Unions to Accompany OSHA Workplace Investigations A United States District Court in Texas has refused to dismiss a law suit challenging OSHA’s practice of allowing union representatives and organizers to serve as “employee representatives” in inspections of non-union worksites. If the Court ultimately sustains the plaintiff’s claims, unions will lose another often valuable organizing tool that has provided them with visibility and access to employees in connection with organizing campaigns.
The National Federation of Independent Business (‘NFIB”) filed suit to challenge an OSHA Standard Interpretation Letter (the... More
- Looking to Create or Enhance A Workplace Anti-Retaliation Program? OSHA’s Recommended Practices On January 13, 2017, the Occupational Safety and Health Administration (“OSHA”) issued non-binding recommendations to aid employers with creating new or improving existing workplace anti-retaliation programs. OSHA’s recommendations apply to all public and private employers that are subject to the 22 whistleblower protection statutes that OSHA enforces.
Under the various federal whistleblowing protection statutes, employers are prohibited from retaliating against employees who report or raise concerns about workplace health and safety issues. OSHA encourages employers to create and maintain an effective... More
- OSHA Amends Its Rule Requiring Employers to Keep and Maintain Records of Recordable Injuries and Illnesses for Five Years On December 19, 2016, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a final rule amending its record keeping regulations, located at 29 C.F.R. Part 1904. The Amendment clarifies that a covered employer has an on-going obligation to create and maintain accurate records of recordable work-place injuries and illnesses. It did so in response to the decision in AKM LLC v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012).
The Occupational Safety and Health Act (“Act”) requires... More
- Top Issues of 2016 – Featured in Employment Law This Week The new episode of Employment Law This Week offers a year-end roundup of the biggest employment, workforce, and management issues in 2016:
Impact of the Defend Trade Secrets Act
States Called to Ban Non-Compete Agreements
Paid Sick Leave Laws Expand
Transgender Employment Law
Uncertainty Over the DOL’s Overtime Rule and Salary Thresholds
NLRB Addresses Joint Employment
NLRB Rules on Union Organizing
Watch the episode below and read EBG’s Take 5 newsletter, “Top Five Employment, Labor & Workforce Management Issues of 2016.”
The post Top Issues of 2016 – Featured... More
- Final Rule on ACA Issued by OSHA – Employment Law This Week Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA).
The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for... More
- Employers Under the Microscope: Is Change on the Horizon? – Attend Our Annual Briefing (NYC, Oct. 18)
When: Tuesday, October 18, 2016 8:00 a.m. – 4:00 p.m.
Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:
Latest Developments from the NLRB
Attracting and Retaining a Diverse Workforce
ADA Website Compliance
Trade Secrets and Non-Competes
Managing and Administering Leave Policies
New Overtime Rules
Workplace Violence and Active-Shooter Situations
Recordings in the Workplace
Instilling Corporate Ethics
This year, we welcome Marc Freedman and Jim Plunkett from the... More
- OSHA’s New Electronic Recordkeeping Rule Creates a Number of New Pitfalls for Employers On May 12, 2016, OSHA published significant amendments to its recordkeeping rule, requiring many employers to submit work-related injury and illness information to the agency electronically. The amendments also include provisions designed to prevent employers from retaliating against employees for reporting injuries and illnesses at work. The information employers provide will be “scrubbed” of personally identifiable information and published on OSHA’s website in a searchable format.
Every workplace with 250 or more employees will be required to electronically submit OSHA... More
- Federal Guidance for Employers and Workers on Exposure to Zika Virus The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health issued interim guidance on April 10, 2016, for protecting outdoor workers who may be exposed on the job to mosquitos and healthcare and laboratory workers exposed on the job to body fluids of individuals infected with Zika virus. Although the guidance is not a standard or regulation, employers should be mindful that OSHA can always issue citations under the General Duty Clause (OSHA’s catch... More
- 16 Legal Tips: Handling OSHA Citations the Right Way Epstein Becker Green’s Valerie Butera was one of sixteen legal professionals interviewed to provide a tip for Intelivert’s recent article titled “16 Legal Tips: Handling OSHA Citations the Right Way” (Intelivert, 2016).
The article notes that the lawyers weighed in with “simple, actionable tips that can help you craft your legal strategy and directly affect the outcome of your OSHA interaction.”
FINE INCREASES AND CRIMINAL PROSECUTIONS
Ms. Butera’s tip focuses on recent increases in OSHA fines and criminal prosecutions. She explains that “now... More