OSHA to Extend Electronic Recordkeeping Compliance Date

By | OSHA Law Blog | May 17, 2017
In an email sent today to stakeholders, OSHA announced that it intends to delay the July 1, 2017 compliance date for the electronic submission of the 2016 Form 300A.  As part of the final rule, Improve Tracking of Workplace Injuries and Illnesses issued in May 2016, employers  had a phased in compliance deadline for the electronic submission of recordkeeping forms.   View Full Post
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New York City Bans Employers from Making Inquiries into Salary Histories

By | Not Safe for Work | May 11, 2017
This post was written by Barbara E. Hoey and originally posted on Kelley Drye’s Labor Day Blogs. Private employers in New York City will soon be prohibited from asking about, relying on, or verifying a job applicant’s salary history. On May 4, Mayor Bill de Blasio signed the measure, which will go into effect on October 31, 2017. View Full Post
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Environmental Organization Challenges Constitutionality of the Congressional Review Act

By | Not Safe for Work | May 10, 2017
As we previously reported on this blog, Congress and the Trump administration have revived the Congressional Review Act (CRA) and set about rescinding a series of regulations promulgated during the Obama presidency.  Congress’ authority to invalidate an executive agency rule is rooted in Article I of the Constitution, which vests “[a]ll legislative Powers [t]herein granted” in Congress.  View Full Post
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Acosta No Longer Awaits

Finally, on April 27th, after months of waiting, President Trump’s second nominee for the position of US Secretary of Labor and only Latino cabinet member, Alexander Acosta, was confirmed. Acosta, dean of Florida International University College of Law and former US attorney, received the nomination in mid-February after the first nominee, Andrew Puzder, withdrew his name due to a potential conflict of interest. View Full Post
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OSHA: Union Representatives May No Longer Participate in Work Place Safety Walkarounds at Non-Union Facilities

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers: “OSHA Withdraws ‘Fairfax Memo’ – Union Representatives May No Longer Participate in Work Place Safety Walkarounds at Non-Union Facilities.” Following is an excerpt: On April 25, 2017, Dorothy Dougherty, Deputy Assistant Secretary of the Occupational Safety and Health Administration (“OSHA”) and Thomas Galassi, Director of OSHA’s Directorate of Enforcement Programs, issued a Memorandum to the agency’s Regional Administrators notifying them of the withdrawal of its previous guidance, commonly referred to as the Fairfax Memorandum, permitting “workers at a worksite without a collective bargaining agreement” to designate “a person affiliated with a union or community organization to act on their behalf as a walkaround representative” during an OSHA workplace investigation. View Full Post
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OSHA Rescinds Union Walk Around Letter

By | OSHA Law Blog | May 1, 2017
In February 2013, OSHA issued an interpretation letter in response to a request from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, which clarified that employees at a non-union worksite could elect to have a non-employee who is “affiliated with a union” or with a “community organization” to act as their walk-around representative during OSHA inspections.  View Full Post
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Now You, Too, Can Call Your Boss a Nasty Motherf****r

By | Not Safe for Work | April 27, 2017
This post was written by Mark A. Konkel and originally posted on Kelley Drye’s Labor Days blog.   Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re saying it because you care about your coworkers, and if you all swear a lot at work anyway. View Full Post
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