Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner.” While employers have some level of protection since the mandate specifically states the word “reasonable,” more specific rights exist—and should be exercised—at all stages of an OSHA inspection, including before, during, and after the interview process.
NYC Approves Legislation Restricting Salary Inquiries of Applicants
Earlier this month, the New York City Council approved a bill that would prohibit NYC employers from inquiring about an applicant’s salary history during all stages of the employment process. NYC employers should take a close look at the bill and revamp their hiring procedures to be compliant.
Lawyers ? Partnering with Non-Lawyers
Law firm financing has become an increasingly complex and interesting aspect of the legal business. From personal injury litigation loans, to the financing of the Gawker lawsuit by a Silicon Valley billionaire, it appears many want to get a piece of a lawsuit these days. However, the Second Circuit recently affirmed a district court ruling that law firms are still forbidden fruit for third-party financiers.
Does Pre-MMI Burden of Proving Disability Apply to Current Employees?
The North Carolina Court of Appeals has ruled, in an unpublished opinion, that an employee may meet the burden of proving disability simply by staying “employed” with the employer of injury.
OSHA Will Partner with Labor Organizations, Trade Associations, and Individual Employers to Train and Protect Workers
OSHA’s Strategic Partnership Program (OSPP) for Worker Safety and Health is a federal initiative that seeks to reduce occupational fatalities, injuries, and illnesses as well as improve worker protections by engaging labor organizations, employer groups, individual employers and others in formal, cooperative relationships with OSHA to carry out the purposes of the Occupational Safety and Health Act.
How Will the Trump Administration’s Position on Transgender Students Impact Employers and Schools?
Now that the Trump administration has lifted the Obama administration’s guidance directing schools to allow transgender students to use the bathroom consistent with their gender identity, employers and school administrators face a period of significant uncertainty regarding transgender individuals and their usage of public facilities. The objection to Trump’s move by state governors — some of whom announced their states would continue to follow the Obama guidance — highlights the importance of continually re-examining workplace policies and procedures to ensure compliance with local and federal law.
Does Settling an OSHA Citation Make Good Business Sense?
Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest it. But could settling invite further trouble? For a number of reasons, contractors should give considerable thought before entering into an early settlement with OSHA.
Lawyers are Stressed Out
Running a professional practice can be stressful. To be successful, professionals often must work long hours, under tight time constraints, and respond to the needs of demanding clients, while simultaneously working to manage their business and market themselves to new clients. For many professionals, the challenge of working in a professional practice is part of the reward. However, for others, the work can at times be overwhelming. Statistically, an alarming percentage of the legal profession is stressed and, unfortunately, many are depressed.
Establish a Strong OSHA Defense Before an Inspector Shows Up
In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say why he or she is there, and then ask for your consent to conduct an inspection. The actual inspection and a closing conference will follow, along with the issuance of any citations within six months of any violations.
OSHA Mandates That Certain Employers Report Accidents Electronically
Effective January 1, 2017, OSHA requires that establishments with 20 to 249 employees in certain high-risk industries, including construction, manufacturing and building material and supplies dealers, submit their injury and illness summary (Form 300A) data to it electronically. Their 2016 Form 300A must be submitted by July 1, 2017 and their 2017 Form 300A must be submitted by July 1, 2018. Establishments with 250 or more employees in industries covered by the record keeping regulation also must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300 and 301) by July 1, 2018.
Salary Thresholds in New York Rise Effective Dec. 31, 2016
Earlier this month we notified you that a U.S. District Judge in the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) final overtime rule just days before it was scheduled to go into effect. While the outlook of the exemption levels at the federal level remain uncertain, New York State has raised the exemption levels on its own, effective December 31, 2016.
Labor Law Update Fall/Winter 2016 (New York Scaffold Law)
Beastly burden: Courts continue to address the sole proximate cause defense
It’s personal: Required knowledge for an effective defense witness
Can §241(1) apply even if the plaintiff does not fall to the ground?
Plus analysis of more than 50 cases from New York’s appellate courts
Objecting to Objections
Attorneys strive to be zealous advocates for their clients. Not surprisingly, when defending depositions, attorneys are often tempted to object to questions that they perceive to be damaging to their client’s case, even if the question itself is not improper. Attorneys should be cautious, however, to avoid making excessive objections that are not likely to be sustained.
EEOC Releases Updated National Origin Discrimination Guidance
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on national origin discrimination.
Dec. 1 DOL Overtime Rule Blocked: Now What?
Just days before the Department of Labor’s (DOL) final overtime rule was scheduled to go into effect, a U.S. District Judge in the Eastern District of Texas issued a preliminary injunction, blocking the rule from taking effect across the country. Employers now face a number of legal, practical, and morale issues as they await a final decision in the matter.