In a matter of first impression, the Court of Appeals for the Third Circuit recently confirmed that the Occupational Safety and Health Act of 1970 (OSH Act) mandates the dismissal of an employee’s action against the Secretary of Labor once the Department of Labor has completed its standard enforcement proceedings.
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Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & Employment
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The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers Posted on: December 03, 2020 In: COVID-19 Response
We had all heard it was coming, and now it looks like it’s here and going to stay awhile. Businesses have been given curfews, indoor dining is curtailed again, and schools are going all virtual. We are back, but what is different this time is many people are suffering from “quarantine fatigue.” That being the case, employers must not treat this wave differently than they did the last time. New Jersey has recently set forth requirements that employers must follow for those employees in the office.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & Employment
Last month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: COVID-19 Response
Since the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
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EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures Posted on: May 06, 2020 In: COVID-19 Response
As the COVID-19 pandemic continues to unfold, employers are adjusting their practices on an ongoing basis in accordance with ever-changing government guidelines. Indeed, the United States Equal Employment Opportunity Commission (EEOC) recently updated its recommendations for how employers may comply with the Americans with Disabilities Act (ADA) and other employment laws as employees begin to return to work. This post summarizes the key elements of these updated guidelines.
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