With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address weather-related issues when paying employees. We hope you all stay warm and safe. As always, your priority should be safety for your employees. Here’s a
No. 10: Unlocking the Secrets of OSHA Inspections Through FOIA Requests
Did you know that you can request files from OSHA? Under the Freedom of Information Act (FOIA), employers, employees, and third parties have the right to request documents from OSHA’s inspection files. These records provide valuable insight into the evidence and reasoning behind OSHA’s decisions, including citations issued during site inspections. They can also be…
I’m WARNing You… Maybe? Bankruptcy Court Considers Exception to Layoff Notice Statute
The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do not comply with this requirement, then workers can recover backpay.
A recent decision from the United States Bankruptcy Court for the District of Delaware addressed…
No. 9 The Particulars on OSHA Violations: How Much Notice is Enough?
Just what does an OSHA citation have to include? Section 9(a) of the Occupational Safety and Health Act requires that citations
“describe with particularity the nature of the violation, including a reference to the provision of the Act, standard, rule, regulation, or order alleged to have been violated.”
This statutory mandate is designed to ensure…
Untangling the Web: SDNY Looks at ADA Internet Accommodations
Wait — why is my favorite employment law blog detouring into the world of website accessibility? If your business has a website, keep reading.
If you read our blog regularly, you probably recall a few posts about website accessibility lawsuits and where the courts stand on whether a website is a “place of public accommodation.”…
Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All
The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for protections of workers who use them. If cannabis is legal in your state and an employee tests positive for…
Preparing for a Future ICE Storm? Steps Employers Can Take to Prepare for Expected Increase in Immigration Enforcement
With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner and degree of changes his inauguration will bring. While such predictions vary in conviction, one anticipated change seems almost inevitable: a significant increase in the number…
Sexual Harassment Is Serious Business: A Reminder from the OFCCP
Harassment prevention is still a top priority for federal agencies (which means it should be a priority for all employers). Last spring, we blogged about the EEOC’s guidance on this issue, and now the OFCCP has issued its own guidance, this time focusing on harassment in the construction industry.
There is nothing particularly…
Pass the FLSA Sauce! 5 Employment Law Happenings That May Make You Thankful
With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant developments over the past year that employers can appreciate.
Here are five key updates for which we are thankful:…
That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption
By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025 affecting the standard an employer must meet to prove an employee is exempt from overtime requirements under…