In the final weeks of 2023, the Mine Safety and Health Administration (MSHA) received a performance review in a report from the U.S. Department of Labor’s Office of Inspector General (OIG) that concluded that the agency faced “significant challenges” in meeting its statutory mandate to protect the safety and health
Archives for February 27, 2024
California Bill Would Require Employers to Continue Compensation for COVID-19–Positive Employees Excluded From Workplace
On February 16, 2024, California Assembly Member Pilar Schiavo (D-40) introduced legislation (Assembly Bill (AB) 3106) that would require the California Occupational Safety and Health Standards Board to adopt a standard that ensures workers in California continue to receive their pay and benefits while excluded from the workplace due to
NLRB Rules Home Depot Can’t Control Uniform Messages
Home Depot has had a rough year. Last June, the company had to pay $72.5 million to compensate employees who were done working but had to wait for a manager to unlock the doors. And now? The National Labor Relations Board ruled that they had to allow an employee to write “BLM” (for Black Lives Matter) on
When is Wearing “BLM” Insignia “Concerted Activity”?
Last week, the National Labor Relations Board ruled that Home Depot violated an employee’s rights under Section 7 of the National Labor Relations Act by requiring them to remove the “BLM” (the acronym for “Black Lives Matter”) insignia from their orange work apron.
Goldberg Segalla Welcomes Shannon S. Mancuso
Shannon dedicates her practice to defending employers, insurers, and third-party administrators against workers’ compensation claims before workers’ compensation law judges in Southern California.
Slip Sliding Away: NY Court of Appeals Expands the Scope of Slipping Hazards under Industrial Code § 23-1.7(d) ›
Property owners, contractors and their agents face increased likelihood of Labor Law § 241(6) liability after a February 20 decision by the NY Court of Appeals expanded the definition of “foreign substance” as used in Industrial Code § 23-1.7(d)
Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status Under the Fair Labor
After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act (FLSA).
Cal/OSHA Announces Civil Penalty Increases
Cal/OSHA, the California Division of Occupational Safety and Health, effective January 1, 2024, increased penalties for certain violations to adjust for inflation and ensure consistency with California and federal law.
This annual increase is mandated by a statute enacted by California in 2017, which authorizes increases in certain minimum and
Penalties for Immigration-Related Violations Continue to Rise in 2024
As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024. Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections
Breaking News: 2023 EEO-1 Data Collection to open April 30 with June 4 deadline
EEOC has updated its EEO-1 data collection website to announce the data collection for the 2023 EEO-1 Component 1 reports will open April 30, 2024. The Agency has set June 4, 2024 as the deadline for reporting.
The notice also indicates the “online Filer Support Message Center (i.e., filer help desk) will
PLESA, Can I Have Some More?
The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to cover unforeseen financial hardships. In consultation with the Treasury Department and the IRS, the
3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them
Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI.
Many organizations have sought to leverage the benefits of AI in various ways. An organization, for instance, can use AI
Florida Workplace Bills for Employers to Watch During the 2024 Legislative Session
Florida’s 2024 regular legislative session runs from January 9 through March 8, 2024, and is one to watch for employers. Dozens of workplace bills have been filed. If passed, three sets of these bills may have a particularly significant impact across many industries. Child labor bills would largely remove work
OFCCP Requests Comments on Monthly Employment Utilization Report on Construction Contractor Employees
On February 23, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register seeking to reinstate Form CC-257, the Monthly Employment Utilization Report, with changes.
EEO-1 Filing Platform Will Open on April 30, 2024
The 2023 EEO-1 filing platform will open on April 30, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) announced on February 26, 2024. The deadline for all filings will be June 4, 2024, the EEOC stated in its announcement.