OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled OSHA. If such a situation occurs, OSHA must issue the citation within six months from the
Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges and board members are improperly insulated from at-will removal by the president, and that NLRB proceedings violate the separation of power and companies’ right to
Although OSHA has the right to conduct private, one-on-one interviews with a company’s non-managerial employees, those same employees have rights too. Those rights include:
How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021 Final Rule on how employers pay wages for workers that receive tips. The court’s initial
We all know that OSHA has the right to interview folks as part of an investigation. Whether a company representative and the company attorney can also attend an interview depends on who is being interviewed.
If the person to be interviewed is a non-managerial employee, OSHA can conduct the interview in private, outside the presence
Yesterday, the United States District Court for the Northern District of Texas set aside the Federal Trade Commission’s (FTC) rule banning most noncompete agreements (the Noncompete Rule). As a result, the Noncompete Rule will not be taking effect on September 4, 2024.
Previously, U.S. District Judge Ada Brown ruled that the plaintiffs were likely
Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The new law, known as H.B. 3773, also prohibits the use of AI that leads to discriminatory practices against employees. The bill offers
Please follow along as we discuss the top 10 things every employer should know about OSHA over the next few weeks.
According to 29 CFR 1903.8(c), employers and employees have the right to authorize
Since our last post on this topic, pay transparency laws were enacted or became effective in four states, the District of Columbia, and several municipalities. The jurisdictions that require or will soon require some form of pay transparency now include:
| States | Municipalities |
|---|---|
| California | Cincinnati, OH |
| Colorado | Jersey City, NJ |
| Connecticut | Ithaca, NY |
| Hawaii | New York |
The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s organizing campaign at a New York retail location. This new Starbucks decision is an excellent reminder about what