04/27/2012 - Think Globally, Act Locally (in Your Workplace): Changes to OSHA’s Hazard Communication Standard
The Occupational Safety and Health Administration (“OSHA”) recently released a final rule that aligns its hazard communication standard (29 C.F.R. § 1910.1200) with the United Nations’ Globally Harmonized System for Classification and Labelling of Chemicals (“GHS”).
09/23/2011 - The New Workplace Violence Cops: "Whatcha Gonna Do When OSHA Comes For You?
As a result of OSHA’s recently issued directive on workplace violence, the cops may not be alone in investigating incidents of workplace violence. OSHA is now in the business of policing workplace violence.
08/02/2011 - OSHA Warns Employers of More Aggressive Enforcement
Supporting OSHA’s aggressive semi-annual regulatory agenda, Deputy Assistant Secretary of Labor for OSHA, Jordan Barab, recently warned a research symposium that, “despite what goes on in Congress, [OSHA] [has] absolutely no intention of pulling back or retreating.” Barab alerted attendees that OSHA’s regulatory agenda aims to extend enforcement beyond traditional manufacturing and construction sectors.
05/11/2011 - OSHA's Catchphrase: General Duty
What if Title VII had a provision that mandated, “in addition to specific protected traits (sex, race, religion, etc.), all employers have an obligation to protect employees from discriminatory conduct based on other recognized traits (smoker, obesity, red hair, etc).”
02/22/2011 - OSHA 2010 and 2011: A Review of OSHA’s Expanded Enforcement Initiatives in 2010 and the Outlook for 2011
The business community has been placed on notice. OSHA has been actively pursuing its regulatory agenda, while also arming its arsenal to enforce compliance.
02/09/2011 - NLRB Roundup: More Frequent and Significant Action from Obama Appointees
The Obama National Labor Relations Board (“NLRB”) has started to make its mark on the labor laws through a series of changes that collectively may have a significant impact on the labor law environment.
02/03/2011 - Have You Checked The Records? OSHA Continues to Emphasize Recordkeeping Compliance in 2011
After launching a National Emphasis Program (“NEP”) on recordkeeping in 2009, OSHA has focused increasingly more on recordkeeping compliance when conducting workplace inspections.
10/28/2010 - Change is on the Way from the NLRB
The Obama-appointed NLRB has now issued its first significant batch of decisions serving notice, as is typical in the transition from one administration to the next, of a shift in the interpretation of the labor laws. The decisions include a new standard regarding secondary boycotts and union bannering; potential reconsideration of prior precedent; and a differing application of the law to facts than the predecessor NLRB.
07/29/2010 - Litigating Arbitration Agreements: Recent United States Supreme Court Decisions Provide Guidance to Employers Looking to Avoid Court
Despite entering into arbitration agreements with their employees, employers all too often find themselves in court adverse to the very employees who have signed an arbitration agreement. The U.S. Supreme Court recently issued three arbitration decisions that have important implications for employers seeking to avoid the inside of a courtroom.