August 2016
What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act
Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers across many industries should take notice of the far-reaching provisions of the FSMA. It not only applies to food processing employers, but any entity that is involved
DHS Proposes Changes to E-Verify Program in 2017
As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional obligations on the employer. E-Verify is DHS’s internet-based system through which employers may electronically verify the employment eligibility of newly hired employees. Employers do so
Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely
The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the attestation is a statement from the employer indicating the employer reviewed the new hire’s documents and the documents belong to the new hire). In
EEOC Issues Proposed Guidance on Retaliation Claims
The Equal Employment Opportunity Commission (EEOC) is almost ready to issue its guidance on retaliation claims. Given the magnitude of these claims, such guidance is overdue. In fiscal year 2015, the EEOC, the federal watchdog for employment discrimination statutes, received 39,757 charges of discrimination asserting retaliation claims. This accounted for 44.5% of all the charges received. With retaliation claims on
Doctor Recommendations Are Medical Treatment According to OSHA
In an April 2016 Interpretation Letter, which was recently made publically available, OSHA responded to a question about medical treatment beyond first aid for recordkeeping purposes. The incident in question involved an employee who experienced wrist pain after working at a computer. Before being seen at the occupational health clinic, the employee bought and used a rigid wrist brace. The
Pressure Cooker Safety
1. Always follow the manufacturer’s written recommendations including how to properly use the pressure cooker and cleaning methods. 2. Before cooking, check your equipment. Always check the rubber gasket (the ring of rubber that lines the lid of the cooker) to make sure it isn’t dried out or cracked. 3. It is recommended replacing the gasket annually, depending on how
California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal History
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance). The updated guidance does not prohibit employers from using criminal records, but outlines what the EEOC considers recommended best practices, including a recommendation
Zika-Carrying Mosquitoes Are Here: Tips For Keeping Your Employees Safe
Last week Florida public health administrators reported the first locally transmitted Zika virus cases in the continental United States. Officials believe that four individuals in a northern Miami neighborhood contracted the virus directly from mosquitoes. So far, there have been two cases where babies were born with Zika virus. Prior to this development, the biggest concern for Americans was contracting
Immigration Penalties Increase Effective August 1, 2016
The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by the 2015 Bipartisan Budget Act, which revised the formula for adjusting federal agency penalties for inflation. The increase applies to civil penalties assessed after August 1, 2016, for violations that occurred
Recreational Marijuana Placed on California November Ballot – Workplace Rights
On June 28, 2016, California Secretary of State Alex Padilla confirmed that the measure titled “Control, Regulate and Tax Adult Use of Marijuana Act” is eligible for the November 8, 2016 general election ballot. The Secretary of State subsequently designated the measure as Proposition 64. Proposition 64 purports to leave employers’ workplace rights undisturbed. The proposed act states that its