In today’s day and age, it is widely understood that no one is safe from a data breach. If you have been so fortunate as to escape fraudulent credit card purchases, data security breaches, or having your entire identity stolen, cybersecurity experts will tell you that is no longer a matter of “if,” but “when”
Federal Court Hands Employers a Victory By Limiting the Scope of OSHA Investigations
In what should be viewed as a victory for employers, the United States Circuit Court of Appeals for the Eleventh Circuit recently issued a decision limiting the scope of OSHA inspections. United States v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018).
In February 2016, an employee at Mar-Jac’s poultry processing facility was
OSHA Clarifies Its Position Regarding Post-Incident Drug Testing and Safety Incentive Programs
On October 11, 2018, the Occupational Health and Safety Administration (OSHA) issued a memorandum clarifying its position regarding safety incentive programs and post-incident drug testing.
Two years ago, in October 2016, OSHA issued a memorandum that prohibited drug testing employees who reported injuries or illness unless there was an “objectively reasonable basis” for doing so.
Employers: Have You Updated Your Fair Credit Reporting Act Forms?
Under new federal regulations effective September 21, 2018, employers must now issue updated “Summary of Your Rights” forms mandated by the Fair Credit Reporting Act. In May 2018, Congress responded to several, high-profile data breaches by passing the Economic Growth, Regulatory Relief and Consumer Protection Act (“Act”). The Act adds new language to the Summary
Highly-Publicized U.S. Supreme Court LGBT Ruling Threads the Needle and Avoids Constitutional Questions
In a 7-2 decision yesterday, the U.S. Supreme Court issued a ruling in favor of a Colorado baker who refused to bake a custom wedding cake for a same-sex couple based on his devout Christian beliefs. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111 (June 4, 2018). Although the case received heightened
OSHA ALERT: Federal Court Finds That OSHA Has An Unlimited “Look-Back” Period to Search Employer Citation Histories For Issuing Repeat Violations
Thanks to a recent federal appellate court decision, OSHA now has even more leeway to issue costly repeat citations to employers. As many employers know, there are different classifications for civil violations of OSHA regulations, including other-than-serious, serious, repeat, and willful. Penalties, both monetary and non-monetary, increase with higher classification levels. OSHA recently increased the
OSHA Identifies Top 10 Citations for the Year 2017
At this year’s National Safety Council (NSC) Congress & Expo in Indianapolis, OSHA’s Deputy Director of Enforcement Programs announced its preliminary list of the top ten citations issued for fiscal year 2017. OSHA’s top 10 violations for 2017 are as follows:
- Fall Protection in Construction (29 CFR 1926.501) 6,072 violations
Frequently violated requirements include unprotected
Comments to Proposed Harassment Guidance Critical of EEOC’s Position on LGBT Bias
Before the expiration of the extended deadline last week, the U.S. Equal Employment Opportunity Commission received over 100 comments to its proposed Enforcement Guidance (“Proposed Guidance”) on workplace harassment. The revised guidance is the first revision to the EEOC’s workplace harassment guidance since the 1990s and the result of the July 2016 report by the
Texas District Court Denies Injunction of OSHA’s Final Rule Regarding Post-Accident Drug Testing and Injury Reporting
On November 28, 2016, the United States District Court for the Northern District of Texas denied industry employers’ efforts to enjoin OSHA from beginning to enforce portions of OSHA’s May 2016 final rule that purports to prohibit, among other things: 1)
The Upper Midwest Continues to Fill the Gap Between the East and West Coasts on Paid Sick Leave
Since Connecticut’s 2011 passage of the first law requiring employers to issue paid sick leave benefits, over 30 states, counties, and cities — mostly on the East and West coasts — have enacted similar statues. These include Massachusetts, California, Oregon, Vermont, San Francisco, Seattle, New York City, and Philadelphia. Chicago and Minneapolis have also passed