Articles

OSHA delays enforcement of limitations on post-accident drug testing

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to electronically submit injury and illness data. This portion of the rule is set to go into effect on January 1, 2017. Rule’s anti-retaliation provisions delayed…

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Are you a joint employer?

Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that situation, 2017 might find you in the crosshairs of governmental agencies that want to treat you as a “joint employer.”…

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2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee. In the midst of it all, employees are often misinformed regarding their “free speech rights” in the workplace. A recent instance from Georgia should serve…

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Employee fired while on FMLA leave: Why it was OK

Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are circumstances when an employer should terminate the employee while on leave and can win a lawsuit brought by the…

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DOL issues final rule on paid sick leave for federal contractors

On September 7, 2015, President Obama signed Executive Order 13706, an order that requires federal contractors to provide paid sick leave to their employees. Last week, the U.S. Department of Labor issued its long-awaited final rule setting forth the details of that obligation. The rule will apply to all contracts issued on or after January…

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NLRB’s new ‘joint employer’ standard threatens business interests

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the NLRB has jettisoned long-standing case law recognizing that separate employers have separate workforces even when the employers work together at a…

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