OSHA Law Update A Hazard Communication

Tag Archives: NLRB

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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New NLRB Joint Employers Test – Why It Matters For OSHA

The National Labor Relations Board (NLRB) last week issued its decision in Browning Ferris Industries (pdf) adopting new standards for determining when a company will be held to be the joint employer of another company’s employees, whether they are leased, temporaries or providing services under their primary employer’s contracts with customers.  My colleagues Allen B. Roberts, Steven M. Swirsky and D. Martin Stanberry explore the new standards and what they mean for employers  in an article published on Epstein Becker Green’s Management Memo.

While the Occupational Safety and Health Act’s definition of “employer” is not identical to the definition … Continue Reading

OSHA and NLRB Create Loophole for Stale Safety Whistleblower Claims

On May 21, 2014, the National Labor Relations Board (NLRB) published a memorandum discussing a new agreement between NLRB and OSHA regarding a backdoor route for employees to file safety related whistleblower claims that are too stale to be filed with OSHA.  The NLRB memo directs OSHA representatives to “notify all complainants who file an untimely [OSHA] whistleblower charge of their right to file a charge with the NLRB.”  As a result of this agreement, employers should expect an increase in the number of unfair labor practice claims filed by employees alleging retaliation for protected safety related whistleblower activity.

Section … Continue Reading