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Work Knowledge Blog

Category Archives: Policies & Practices

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

Posted in Discrimination, FCRA, Policies & Practices

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… Continue Reading

Texas Legislator Proposes Bill to Protect Workers’ “Political Beliefs”

Posted in Discrimination, Policies & Practices, Social Networking

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… Continue Reading

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

Posted in OSHA, Policies & Practices, Retaliation/Whistleblower

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… Continue Reading

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

Posted in OSHA, Policies & Practices, Retaliation/Whistleblower

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… 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

Texas Governor Mandates State Contractors Use E-Verify

Posted in Policies & Practices

Texas Governor Rick Perry issued an Executive Order mandating the use of the E-Verify system by all contractors performing services to Texas agencies under the oversight of the governor.  The order was announced on December 3, 2014, during a press conference by Governor Perry addressing border security.

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