Work Knowledge Blog

Work Knowledge Blog

Category Archives: Compliance

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Top 5 Mistakes Employers Make with Their Employee Handbooks

Posted in Compliance, Discrimination, Policies & Practices, Retaliation/Whistleblower, Wage & Hour

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… Continue Reading

OSHA Update—Proposed Revisions Intended to Modernize Various OSHA Standards

Posted in Compliance, OSHA, Policies & Practices

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  With the changes proposed, OSHA intends to modernize certain standards that may be “confusing, outdated or unnecessary.”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… Continue Reading

Legal Considerations for Employers during Election Years—Part III

Posted in Compliance, Discrimination, NLRB, Policies & Practices, Retaliation/Whistleblower, Social Networking

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… Continue Reading

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

Posted in Compliance, OSHA, Policies & Practices

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… Continue Reading

Legal Considerations for Employers during Election Years—Part II

Posted in Compliance, NLRB, Policies & Practices

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… Continue Reading

OSHA Update—RAGAGEP Standard Interpretation

Posted in Compliance, OSHA, Policies & Practices

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a Standard Interpretation on the topic of Recognized and Generally Accepted Good Engineering Practices (“RAGAGEP”) in Process Safety Management (“PSM”) Enforcement.  This new interpretation replaces an interpretation of the same title dated June 5, 2015. … Continue Reading

OSHA’s Stronger Enforcement Options in 2016

Posted in Compliance, OSHA, Policies & Practices

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… Continue Reading

United States Department of Labor Intensifies Focus on Independent Contractor Classifications with New Administrator’s Interpretation

Posted in Compliance, Policies & Practices, Wage & Hour

Last month, the United States Department of Labor issued Administrator’s Interpretation No. 2015-1, regarding “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  While the Interpretation does not represent a change in the… Continue Reading

Generic, All-Encompassing Employment Releases May Not Actually Release All Employment-Related Claims, Including FLSA Claims

Posted in Compliance, Wage & Hour

The Fifth Circuit Court of Appeals, which includes federal courts sitting in Texas, recently held that a generic, broad state court settlement release did not bar two former employees’ subsequent unpaid overtime compensation claims against their former employer, even though the parties discussed the topic of unpaid wages during settlement… Continue Reading

DOL Issues Proposed Changes to Threshold of Salary Basis Test – $970/week from $455/week

Posted in Compliance, Wage & Hour

Today, the U.S. Department of Labor issued proposed revisions to the minimum salary level that an employer must pay for an employee to be considered exempt under the Fair Labor Standards Act (FLSA). These long awaited revisions would, according to DOL estimates, increase overtime eligibility for approximately 4.6 million employees… Continue Reading

What Employers Should Know About Sexual Orientation Discrimination

Posted in Compliance, Discrimination, Policies & Practices

Yesterday, the Senate approved the Employment NonDiscrimination Act (“ENDA”).  The ENDA would amend Title VII to include sexual orientation and related issues in the definition of protected classes.  Political pundits do not give the ENDA much chance of passing the House.  This is nothing new.  The ENDA has been proposed periodically in… Continue Reading