Tag Archives: #Gardere

NLRB Overrules Controversial Joint-Employer Decision

In their latest client alert, Gardere’s global supply network team discusses the National Labor Relations Board’s Hy-Brand decision, which reverses their stance on joint employment set forth in the 2015 Browning-Ferris ruling. While this development is certainly relevant to franchisors, we also want to take this opportunity to share the information with our clients, colleagues … Continue reading this entry

OSHA Update—OSHA Chief Nominee Confirmation Hearing Adjourned

The Senate committee hearing on the White House’s nominee for the Assistant Secretary of Labor for the Occupational Safety and Health Administration, Scott Mugno, has now been adjourned.  During the hearing, Mr. Mugno fielded various questions from the Senators, including about OSHA’s past policy of issuing press releases after issuing violations in excess of $40,000 … Continue reading this entry

OSHA Update—OSHA Chief Nominee Confirmation Hearing Underway

On October 27, 2017, the White House announced its intent to nominate Scott Mugno to lead the Occupational Safety and Health Administration.  His and others’ confirmation hearings are currently underway before the U.S. Senate Committee on Health, Education, Labor & Pensions.  Gardere will monitor these  proceedings and report back with updates, but you can watch … Continue reading this entry

OSHA Update—Reminder to Stay Safe during Summer Heat

With summer upon us, employers need to remember to stay proactive in addressing on-the-job heat hazards.  We wrote about this topic last summer on the Work Knowledge Blog.  While OSHA does not regulate heat-related illnesses and injuries specifically, the agency has the ability, and willingness, to cite employers under the General Duty Clause if employers do … Continue reading this entry

Senate Confirms Acosta as Next Secretary of Labor

On April 27, 2017, the U.S. Senate confirmed Alexander Acosta as the next U.S. Secretary of Labor by  vote of 60-38.  Acosta is a former U.S. Department of Justice and National Labor Relations Board member.  Secretary Acosta will now face the monumental task of coordinating Trump’s policy shifts within the department.  A key issue demanding his … Continue reading this entry

H-1B Sponsors: Prepare for Site Visits and Increased Enforcement

On April 3, 2017, USCIS announced a program to deter and detect H-1B fraud and abuse. In the announcement, USCIS stated that too many American workers are ignored or unfairly disadvantaged as a result of the H 1B visa program. In an effort to combat fraud, USCIS will implement a targeted site visit program with … Continue reading this entry

Proposed Texas Legislation Would Limit Employers’ Ability to Use Employees’ and Job Applicants’ Credit Information

Texas State Representatives Terry Canales (District 40, serving part of Hidalgo County) and Nicole Collier (District 95, serving part of Tarrant County) have proposed legislation related to employers’ consideration of credit information for employees and job applicants.  HB 317 amends Chapter 52 of the Texas Labor Code by generally prohibiting a covered employer’s use of … Continue reading this entry

Texas Legislator Proposes Bill to Protect Workers' "Political Beliefs"

Last week, Representative James White, a Republican representing District 19 (Hardin, Jasper, Newton, Polk, and Tyler Counties), proposed a new state law that would protect Texas workers from adverse actions for expressing their political opinions and views away from the job.  The key provision of the proposed legislation defines “political beliefs” to include “only” those beliefs … Continue reading this entry

OSHA Update—Proposed Delay for New Beryllium Rule Effective Date

On March 1, 2017, the United States Department of Labor proposed another delay to the effective date of Occupational Safety and Health Administration’s (“OSHA”) new beryllium rule.  The proposed delay is again in conjunction with the White House’s Regulatory Freeze Pending Review Memorandum (the “Memorandum”).  If implemented, it will make the rule’s new effective date … Continue reading this entry

OSHA Update—Reminder Regarding Posting, Retaining, and Submitting Injury and Illness Summaries

It’s that time of year again.  Between February 1 and April 30, employers must post a copy of their completed OSHA Form 300A for each establishment in a conspicuous place or in a place where employee notices are customarily posted.  29 C.F.R. § 1904.32(b)(5).  Form 300A summarizes job-related injuries and illness logged the previous calendar year.  So if you are … Continue reading this entry

Top 5 Mistakes Employers Make with Their Employee Handbooks

As 2016 winds down and a new year approaches, now is a great time for employers to think about their employee handbooks and employment policies in general.  As employers go about that thought-process, here are a few common mistakes employers should try to avoid: (1) Self-Regulation:  Employers often include items in handbooks that are not … 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

Court Takes Injunction on Salary Threshold Levels Under Advisement

Today, Judge Mazzant of the Eastern District of Texas Sherman Division heard arguments on an Emergency Motion for Preliminary Injunction regarding changes to the federal salaried exemption threshold, which, absent an injunction, become effective on December 1, 2016. During the hearing, which lasted over three hours, Judge Mazzant asked several questions that provide insight into … Continue reading this entry

OSHA Update—Surge in Enforcement Efforts to Reduce Amputations Hazards in Arkansas, Louisiana, Oklahoma, and Texas

The Occupational Safety and Health Administration (“OSHA”) recently announced that it will have a “heightened focus” on amputation hazards in Region 6, which comprises Arkansas Louisiana, Oklahoma, and Texas.  OSHA reports that 2,600 amputations occurred nationwide in 2015, most of which were in the manufacturing industry.  OSHA’s goal in this initiative will be on increased … 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

OSHA Update—OSHA Issues Enforcement Guidance on New Reporting and Anti-Retaliation Provisions

The Occupational Safety and Health Administration (“OSHA”) has issued a memorandum to its Regional Administrators and published a new webpage outlining its planned enforcement of the new reporting and anti-retaliation provisions.  The agency’s guidance does little more than restate and expound upon what it has already provided in previous documents, such as in the 2012 … Continue reading this entry

OSHA Update—OSHA Delays Enforcement of Anti-Retaliation Provisions for Second Time

The Occupational Safety and Health Administration (“OSHA”) announced today that it will delay enforcement, for a second time, of the anti-retaliation provisions in its injury and illness tracking rule until Dec. 1, 2016.  We previously reported on the Work Knowledge Blog that the first delay in enforcement may have been associated with ongoing litigation over the … Continue reading this entry

OSHA Update—OSHA Issues Final Rule Regarding Retaliation Claims under the Affordable Care Act

The Occupational Safety and Health Administration (“OSHA”) announced yesterday that it has published a final rule regarding how it will handle retaliation claims brought by employees under the Affordable Care Act (“ACA”).  OSHA is generally tasked with investigating whistleblower complaints brought by employees under the Occupational Safety and Health Act, as well as many other … 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

New OSHA Rule May Require Changes to Employer Drug Testing Policies

Does your company have a blanket, post-accident drug testing policy?  Employers with this type of drug testing policy are concerned that they may run afoul of a new Occupational Safety and Health Administration Final Rule, which OSHA is set to begin enforcing on November 1, 2016. The final rule, which went into effect on August 10, 2016, … Continue reading this entry

OSHA Update—New Guidance on Settlement Agreements in Whistleblower Cases

The Occupational Safety and Health Administration (“OSHA”) recently issued new guidelines for the approval of settlement agreements between employers and employees during whistleblower cases. These guidelines will replace Chapter 6, paragraphs XII.E.2 and 3, of the OSHA Whistleblower Investigation Manual, the current version of which was published on January 28, 2016.   The new guidelines will … Continue reading this entry

Legal Considerations for Employers during Election Years—Part III

With the Presidential election heating up, employers may see an increasing interest in politics among their employees.  As we have covered recently in the Work Knowledge Blog, private employers are not bound by the First Amendment’s right to free speech.  But employees do have certain limited rights in the workplace relevant in election years, including … Continue reading this entry

OSHA Update—Civil Penalty Increases Take Effect After August 1, 2016

After today, August 1, 2016, the civil penalties assessed by the Occupational Safety and Health Administration (“OSHA”) will increase by 78%.  This is actually less than the 82% that was originally allowed by Congress, but not by much.  The new maximum penalties will be as follows: (1) Serious, Other-than-Serious, and Posting Requirement Violations—$12,471 per violation; … 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