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Category Archives: Small Employers

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Top Issues of 2016 – Featured in Employment Law This Week

The new episode of Employment Law This Week offers a year-end roundup of the biggest employment, workforce, and management issues in 2016:

  • Impact of the Defend Trade Secrets Act
  • States Called to Ban Non-Compete Agreements
  • Paid Sick Leave Laws Expand
  • Transgender Employment Law
  • Uncertainty Over the DOL’s Overtime Rule and Salary Thresholds
  • NLRB Addresses Joint Employment
  • NLRB Rules on Union Organizing

Watch the episode below and read EBG’s Take 5 newsletter, “Top Five Employment, Labor & Workforce Management Issues of 2016.”

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Employers Under the Microscope: Is Change on the Horizon? – Attend Our Annual Briefing (NYC, Oct. 18)

When: Tuesday, October 18, 2016 8:00 a.m. – 4:00 p.m.

Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019

Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:

  • Latest Developments from the NLRB
  • Attracting and Retaining a Diverse Workforce
  • ADA Website Compliance
  • Trade Secrets and Non-Competes
  • Managing and Administering Leave Policies
  • New Overtime Rules
  • Workplace Violence and Active-Shooter Situations
  • Recordings in the Workplace
  • Instilling Corporate Ethics

This year, we welcome Marc Freedman and Jim Plunkett from the U.S. Chamber of Commerce. Marc and Jim will … Continue Reading

OSHA Quietly Changes the Group of Small Businesses Exempt from Inspections

Valerie Butera

In a recently updated directive to Regional Administrators and State Plan Designees from Dr. David Michaels, Assistant Secretary of Labor for OSHA, the categories of small businesses exempt from programmed health and safety inspections changed.

This exemption applies to workplaces with 10 or fewer workers who perform work in industries OSHA deems low hazard.  OSHA identifies low hazard industries by studying the most recent results of mandatory surveys sent to employers in countless industries by the Bureau of Labor Statistics which collect information about how often employees were unable to perform their normal job duties because of workplace … Continue Reading

Webinar Recording — OSHA’s Severe Violator Enforcement Program

On June 10, 2014, Epstein Becker Green’s national OSHA Practice Group presented a webinar regarding OSHA’s Severe Violator Enforcement Program (SVEP). The SVEP is an OSHA enforcement program intended by OSHA to direct its enforcement resources at employers whom OSHA believes are “indifferent to their OSH Act obligations.”

The webinar covered:

  • What the SVEP is;
  • How and when employers “qualify” into it;
  • What the consequences are for doing so;
  • Interesting data and trends about the SVEP; and
  • Tips to help employers avoid this fate.

This webinar was the second part in a five-part OSHA webinar series for employers facing the … Continue Reading

OSHA to Target Auto Supply Manufacturers

By Amanda R. Strainis-Walker

OSHA recently launched a Regional Emphasis Program (REP) that will focus enforcement resources on employers operating in the automotive supply manufacturing industry.  This new Auto Supply Manufacturers enforcement program will target manufacturers in the southeast that supply engines, airbags, trim, or any other automotive products.  The specific geographic areas covered by the inspection program include at least Georgia, Mississippi, and Alabama.

“Hazards associated with the Auto Parts Supplier Industry that are the focus of this REP continue to be the source of serious injuries, including amputations, and deaths to employees,” OSHA explained in the REP.  “The

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OSHA Extends Comment Period for Controversial Injury and Illness Recordkeeping Rule

Last month, we published an article about OSHA’s proposed new Injury and Illness Recordkeeping and Reporting rule that would create a minefield for hundreds of thousands of employers nationwide.  In a January 6, 2014 press release, OSHA announced that it would extend the comment period for this proposed rule by 30 days in response to a request from the National Association of Home Builders (“NAHB”).  NAHB made the request because the rulemaking overlaps with the proposed crystalline silica rulemaking and it needed more time to disseminate the relevant information to its members and coordinate responses.  March 8, 2014 is now … Continue Reading

OSHA Proposes Intrusive and Burdensome New Injury & Illness Recordkeeping and Reporting Rule

Last month, the Occupational Safety and Health Administration (“OSHA”) put out a press release announcing a proposed new rule that would significantly increase employers’ injury and illness recordkeeping and reporting responsibilities.  OSHA first submitted its proposal to the Office of Information and Regulatory Affairs (“OIRA”) two years ago, on November 22, 2011, but OIRA did not approve the proposed rule to advance through the rulemaking process until last month.

In essence, the proposed rule would transform the current Recordkeeping framework in which employers’ records of workplace injuries remained private to the employer unless: (i) OSHA requests them during an inspection … Continue Reading

Webinar Recording: “Railcar Fall Protection: What OSHA Requires of Grain Elevator Operators”

On Tuesday, December 3, 2013, in conjunction with the Grain Journal, Eric J. Conn, Head of the national OSHA Practice Group at Epstein Becker & Green, delivered a webinar focused on the OSHA enforcement landscape related to work on top of rolling stock (specifically railcars) at grain elevator facilities.  The webinar, including a Q&A session, was recorded, and the Grain Journal has made the recording available online.  The recording includes an audio broadcast with a video of the accompanying PowerPoint presentation.

Here is a link to the recording of the Railcar Fall Protection webinar and a link … Continue Reading

New California Law Requires Employers to Provide “Cool-Down Recovery Periods”

By Alka N. Ramchandani and Michael D. Thompson

In recent years, Cal-OSHA has taken an aggressive stance against exposing employees to potential heat illness, often citing employers and proposing significant penalties for failing to provide to employees who work in high heat conditions with adequate drinking water, shade, training, and/or cool-down periods.  Furthermore, as noted by the California Supreme Court in Brinker v. Superior Court, monetary remedies for the denial of meal and rest breaks “engendered a wave of wage and hour class action litigation” when added to the California Labor Code more than a decade ago.

The California … Continue Reading

Free Webinar: “Railcar Fall Protection Enforcement – What OSHA Requires from Grain Elevator Operators”

On Tuesday, December 3, 2013 at 3 PM (Eastern) / 2 PM (Central), Eric J. Conn, Head of the national OSHA Practice Group at Epstein Becker & Green will conduct a free webinar focused on OSHA’s enforcement landscape as it relates to work on top of rolling stock (specifically railcars) at grain elevator facilities.  This is the second in a series of OSHA law related webinars for the grain industry in conjunction with Grain Journal.

Whether it’s prepping cars down track away from the elevator, helping to guide a load out spout into a railcar, or allowing state … Continue Reading

OSHA’s Severe Violator Enforcement Program — Washington Legal Foundation Legal Backgrounder

Last week, Washington Legal Foundation published a Legal Backgrounder regarding OSHA’s Severe Violator Enforcement Program (“SVEP”) authored by Eric J. Conn, Head of Epstein Becker & Green’s national OSHA Practice Group.  The Legal Backgrounder expands on a series of posts here on the OSHA Law Update blog regarding OSHA’s controversial Severe Violator Enforcement Program.

The article focuses on a White Paper issued by OSHA this Spring, in which OSHA analyzes the first 18 months of its new, controversial enforcement program.  The White Paper concludes that the SVEP is “off to a strong start” and is “already meeting certain key goals,” … Continue Reading

OSHA To Target Exits and Exit Routes

By Eric J. Conn, Head of the OSHA Group at Epstein Becker & Green, P.C.

Last month, OSHA issued an enforcement memorandum directing inspectors to scrutinize whether employers provide and maintain adequate means of exit; i.e., unlocked, unobstructed, and clearly marked exit doors and exit routes and doors that comply with 29 C.F.R. 1910 Subpart E – Means of Egress (specifically, the various requirements of 1910.36).  The memo was issued in response to a deadly explosion and ammonia release at a poultry processing plant in China on June 4, 2013, in which at least 120 employees lost their lives, … Continue Reading

Breaking News: ACA Employer Mandate Delayed to 2015

By Elizabeth Bradley, Kara M. Maciel & Adam Solander

In breaking news, the Obama Administration has acknowledged the significant regulatory burdens that the Affordable Care Act’s January 1, 2014 deadline would place on employers.  Specifically, the Administration announced that in view of the complexity of the rules and reporting requirements, it is  postponing for one year, until at least 2015, the requirement that businesses cover their workers under Obamacare (i.e., there will be no penalties the first year on businesses that do not cover workers).  The move does not affect the individual mandate  and it does not affect the establishment … Continue Reading

OSHA to Police Whistleblower Claims under the Affordable Care Act

By Paul Friedman and Meg Thering

Most prudent employers have begun efforts to ensure compliance with the Patient Protection and Affordable Care Act (“ACA”), which is bringing about myriad changes with which employers must comply.  Many employers are evaluating their employee populations, deciding whether it makes economic sense to continue offering coverage, and performing self-audits to ensure compliance.  Employers should also be aware that the Department of Labor has already started auditing employers for compliance.  What many employers may not be aware of, however, is that employees may bring whistleblower claims for violations of the ACA – and these claims … Continue Reading

OSHA Claims Its Severe Violator Enforcement Program is “Off to a Strong Start”

By Eric J. Conn, Head of the OSHA Group at Epstein Becker & Green

Introduction

OSHA recently issued a White Paper analyzing the first 18 months of its controversial enforcement initiative known as the Severe Violator Enforcement Program (“SVEP”).  Despite mounting evidence to the contrary, the White Paper somehow concludes that the SVEP is “off to a strong start,” and that it “is already meeting certain key goals,” including:

  1. Successfully identifying recalcitrant employers who disregard their OSH Act obligations; and
  2. Effectively allocating OSHA’s follow-up enforcement resources “by targeting high-emphasis hazards, facilitating inspections across multiple worksites of employers found to be
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Employees at a Non-Union Worksite May Select a Union Representative for an OSHA Inspection

By Paul H. Burmeister and Eric J. Conn

On April 5, 2013, OSHA published a formal Interpretation Letter (dated February 21, 2013) addressing whether, pursuant to OSHA’s regulation at 29 C.F.R. 1903.8(c) (Representatives of Employers and Employees), employees at a worksite without a collective bargaining agreement may authorize a person affiliated with a union or community organization to act as the employees’ representative during proceedings under the OSH Act, including compliance inspections.  OSHA responded affirmatively.

29 C.F.R. 1903.8(c) provides:

“The representative(s) authorized by employees shall be an employee(s) of the employer.  However, if in the judgment of the Compliance Safety

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Cut-Resistant Gloves in Restaurants, Delis & Grocery Stores — Not a Clear-Cut Requirement

By Eric J. Conn, Head of EBG’s OSHA Practice Group

We are asked frequently by employers in the restaurant, delicatessen, and grocery industries whether OSHA’s Personal Protective Equipment (PPE) and Hand Protection regulations require the use of cut-resistant gloves for employees who work with knives or slicers.  Some employers have even reported that OSHA representatives have told them that the use of cut-resistant gloves is mandatory for employees working with knives in food service.  Whether food service employees in kitchens, delicatessens, or grocery stores are required to wear cut-resistant gloves, however, is not as clear-cut as OSHA has apparently been … Continue Reading

February 1st – An Important OSHA Injury & Illness Recordkeeping Deadline

By Amanda R. Strainis-Walker and Eric J. Conn

February 1st is an important annual OSHA Injury and Illness Recordkeeping deadline for all U.S. employers, except for those with only ten or fewer employees or who operate in enumerated low hazard industries such as retail, service, finance, insurance or real estate (see the exempted industries at Appendix A to Subpart B of Part 1904).  Specifically, by February 1st every year, employers are required by OSHA’s Recordkeeping regulations to:

  1. Review their OSHA 300 Log;
  2. Verify that the entries are complete and accurate;
  3. Correct any deficiencies on the 300 Log;
  4. Use
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Breaking News: Sweeping Changes to OSHA’s Sweep Auger Enforcement

By Amanda R. Strainis-Walker and Eric J. Conn

The roller coaster ride that has been OSHA’s enforcement policy in connection with work inside grain bins with energized sweep augers has taken another major turn.  After decades of employees working inside grain bins with sweep augers, a string of recent, somewhat confusing, Interpretation Letters issued by OSHA effectively banned the practice outright.  Now, a groundbreaking settlement of an OSHA case against an Illinois grain company became a Final Order of the OSH Review Commission in January, and that settlement renewed the industry’s right to work inside grain bins with energized sweep … Continue Reading

5 Actions To Consider Regarding the Affordable Care Act

By Greta Ravitsky

The Labor and Employment practice at Epstein Becker Green publishes a regular newsletter called “Take 5: Views You Can Use,” which addresses 5 L&E topics around a related subject.  The January 2013 edition of Take 5 includes some important workplace health issues associated with implementation of the Affordable Care Act (ACA), so we are providing a link to it here on the OSHA Law Update Blog.

In this month’s Take 5 newsletter, one of EBG’s Houston office Labor and Employment Partners, Greta Ravitsky, summarizes five important actions for employers to consider, as the Department of Labor steps … Continue Reading

OSHA FAQ Series (FAQ #3: Delaying the Start of an OSHA Inspection)

Back in March, we answered five frequently asked questions related to OSHA inspections.  We received so much positive feedback from that post, and so many requests to address additional OSHA questions that we decided to launch a monthly series here on the OSHA Law Update Blog for OSHA FAQ posts.  For each of the posts in this OSHA FAQ Series, we have included both a textual response and a video response with slides and audio.

In this post, OSHA FAQ #3, we address a very common question regarding whether (and for how long) employers can ask OSHA to delay … Continue Reading

OIG Recommends Changes to OSHA’s Site Specific Targeting Program

By Paul H. Burmeister

The Site-Specific Targeting Program (SST) is OSHA’s primary “programmed” inspection plan for non-construction workplaces.  The SST Program is geared to address OSHA’s goal of reducing the number of injuries and illnesses that occur at individual workplaces, by directing enforcement resources to those workplaces where the highest rate of injuries and illness have occurred.

The SST is driven by data received from the prior year’s OSHA Data Initiative Survey.  Using the data from this annual survey, and criteria that change every year, such as different industries, fluctuating thresholds of injury data (mostly average DART rates by industry), … Continue Reading

OSHA Publishes New Information on Its Variance Procedures

By Alexis M. Downs

OSHA recently increased the amount of information that is publically available on OSHA’s website regarding “variances.”  Variances are alternative methods for addressing a safety hazard that do not technically comply with OSHA standards.  OSHA has allowed employers to formally apply for variances for more than 30 years, yet there are currently fewer than 30 approved variances in effect.

A variance does not actually grant relief from the standard, but rather, allows for a different method of addressing the hazard or gives a temporary reprieve under certain circumstances.  OSHA recognizes four types of variances:

  1. Temporary variances;
  2. Permanent
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