Tag Archives: Compliance

Paid Sick Leave Requirements Driving you Crazy? You Are Not Alone.

Sick
As we have previously reported, the trend of states and jurisdictions enacting paid sick leave (PSL) requirements continues, posing compliance challenges for multistate employers and employers with employees in a both a city and a state with different PSL requirements.… Continue reading this entry

You Signed A Consent Decree. So Now What?

Consent
Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree is a public record (which the agency will publicize on its website) that … Continue reading this entry

Using Biometric Timekeeping? Be Aware of Potential Compliance Risks

Biometric
Human resources professionals could certainly be excused for feeling frustrated with the fact that every technological advance improving business operations comes with new legal landmines to manage. For example, increased connectivity has greatly enhanced productivity opportunities.  But at the same time, it has created new challenges with data management and integrity, off-the-clock work risks, and … Continue reading this entry

OFCCP Offers Limited Compliance Relief for Federal Contractors in Wake of Recent Hurricanes

Hurricanes
In the aftermath of Hurricanes Harvey, Irma and Maria, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has taken two concrete steps to provide federal contractors compliance relief.… Continue reading this entry

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

Pre-Employment
In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens.  As a result, many employers are now looking at personality and psychological tests to find the best fitting applicants. While the individual tests may vary, these tests often … Continue reading this entry

Paid Family Leave: Is Your Company Aware of the Latest Ordinances?

Paid Family Leave
Family values and putting Americans back to work were common refrains during the last political cycle. President Trump spoke about child care and family leave in his January joint address to Congress and Ivanka Trump has met with lawmakers to advance her ideas on the subject. However, given  today’s political climate federal legislation would be … Continue reading this entry

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

EEO Compliance
We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model rule for attorney professional conduct, treating discriminatory actions by attorneys as ethical misconduct.  Rule changes, … Continue reading this entry

OSHA Update—Texas Judge Denies Injunction Against Enforcement of Anti-Retaliation Provisions of Final Rule

On November 28, 2016, Judge Sam Lindsay in the United States District Court for the Northern District of Texas denied an employer group’s request for a nationwide injunction against the Occupational Safety and Health Administration’s enforcement of certain anti-retaliation provisions in the new final rule.  As we reported previously on the Work Knowledge Blog, the … Continue reading this entry

Legal Considerations for Employers during Election Years—Reminder

With Election Day rapidly approaching next week, employers should be prepared for a host of issues associated with election year politics in the workplace.  We recently wrote about some of the key issues facing employers in election years on the Work Knowledge Blog.  As a reminder about those issues, here are links to the related posts: … Continue reading this entry

DHS To Issue New I-9 Form After Recently Increasing Penalties For I-9 Violations

Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the Department of Homeland Security (DHS) and the U.S. Department of Justice recently increased the penalties for I-9 violations. Second, DHS has announced that … Continue reading this entry

OSHA Update—Proposed Revisions Intended to Modernize Various OSHA Standards

The Occupational Safety and Health Administration (“OSHA”) recently announced that it is proposing eighteen revisions to its recordkeeping, general industry, maritime, and construction regulations.  With the changes proposed, OSHA intends to modernize certain standards that may be “confusing, outdated or unnecessary.”  These proposed revisions are the fourth part of the Standards Improvements Project, which started … Continue reading this entry

OSHA Update—Delayed Enforcement of Anti-Retaliation Provisions for New Reporting Rule

The Occupational Safety and Health Administration (“OSHA”) has announced that it will delay enforcement of the anti-retaliation provisions in its new workplace injury and illness reporting rule.  Originally, it was scheduled to go into effect on August 10, 2016, but enforcement of the anti-retaliation provisions will now begin on November 1, 2016.  OSHA stated that … Continue reading this entry

Legal Considerations for Employers during Election Years—Part II

With the Republican National Convention wrapping up this week, political conversation is assuredly becoming a more common occurrence in workplaces around the country.  Importantly for employers, political action and speech in the workplace threatens disruption and damage to relationships among coworkers, as the political divisions in this country are exceedingly acute this campaign season.  This … Continue reading this entry

Legal Considerations for Employers during Election Years—Part I

According to the Texas Secretary of State, 73.75% of the voting age population in Texas is registered to vote this year.  Tex. Sec’y of State, Turnout and Voter Registration Figures (1970-current), available here.  Frankly, an even higher percentage probably has an opinion about a candidate or issue, regardless of whether they will cast a vote.  … Continue reading this entry

OSHA Update—Tips for Surviving OSHA Inspections—Part II

Last week, we outlined that OSHA’s proposed appropriations language revisions for FY 2017 may signal increased inspections, particularly PSM audits, for certain employers in Region 6, which includes Texas, Oklahoma, Arkansas, Louisiana, and New Mexico.  Employers have an opportunity to get and stay prepared now for this possible inspection glut.  To that end, over the … Continue reading this entry

OSHA Update—Tips for Surviving OSHA Inspections—Part I

With all the changes from the Occupational Safety and Health Administration (“OSHA”) over the last year or so, employers need to get prepared for increased inspections and safety audits in the near future.  This is especially true with the appropriations language revisions OSHA has proposed for FY 2017.  OSHA’s stated purpose for its proposal is, among … Continue reading this entry

OSHA Update—Final Rule on Workplace Injury and Illness Reporting

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) announced that it has finalized a new recordkeeping and reporting rule for certain employers.  At its core, the new rule amounts to what many employers are sure to view as OSHA’s attempt to shame them publically.  That is, the new rule requires covered employers … Continue reading this entry

OSHA Update—Eye and Face Protection

On March 25, 2016, the Occupational Safety and Health Administration (“OSHA”) announced that employers across various industries will be subject to updated eye and face protection standards.  The final rule became effective on April 25, 2016, and revised related requirements in the general industry, maritime, and construction standards.  Employers subject to these standards should assess … Continue reading this entry

OSHA’s Stronger Enforcement Options in 2016

In recent years, the Occupational Safety and Health Administration (“OSHA”) has faced perceived criticism that its enforcement options have failed to provide effective disincentives for employers to comply with workplace safety regulations.  Specifically, for the last twenty-five years, OSHA’s maximum penalties have remained stagnant, and published data shows that criminal referrals are limited.  But it … Continue reading this entry

Employment Law Compliance Is Just the Beginning

Complying with the law is only the starting point when making sound and legally defensible employment decisions, such as discipline, terminations, denying accommodations, and so forth. Have you ever heard of a company that made an employment decision that technically complied with the law, but were still sued by an employee or settled a lawsuit? … Continue reading this entry