Looking Forward: The Biden Plan for Small Business

Proceeding under the assumption that current presidential election results will not change significantly enough to alter the outcome announced to date, it may behoove us to take a closer look prospectively at a Biden Presidency. In that vein, we could expect one of the first actions in a Biden Presidency would be to rescind a…

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Stay Current with Federal and State Posters

Every so often, we like to remind our small business owners of some of the myriad mandates and dictates with which they must comply. One of those that we all can easily overlook is the requirement to post certain information relating federal and/or state laws. Federal law requires that all employers with less than 50…

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DC Circuit Court Tosses Labor’s Suit over COVID-19

A three judge panel of the US Circuit Court of Appeals for the District of Columbia yesterday threw out a lawsuit brought by the AFL-CIO seeking to mandate that employers be required to protect employees from the COVID-19 pandemic. The labor federation had filed legal action last month trying to force the Occupational Safety and…

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OSHA and CDC Issue Joint Guidance

Last week, we reported separately on an Occupational Safety and Health Administration (OSHA) guidance as well as one from the Center for Disease Control (CDC) relating safety inspections/reports and reopening guidance respectively.  In our rush to get the most timely information out to our readers, we didn’t connect the two issues as clearly as we…

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OSHA Expands Inspections & COVID-19 Reporting

On Tuesday of this week, the Occupational Safety and Health Administration (OSHA) announced a new policy regarding inspections and enforcement during the coronavirus pandemic as well as the obligation of employers to record COVID-19 cases within their workforce. Beginning Monday, May 26, the agency will begin to resume the usual level of in-person inspections of…

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OSHA & EEOC Issue Reopening Guidance

With COVID-19 still dominating national news and many states considering reopening processes and timeline options, the Occupational and Safety Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC) have both issued updated guidance on COVID-19 and its impact on the workplace after re-openings. In its guidance, OSHA underscores that its guidance neither creates new…

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OSHA Publishes COVID-19 Interim Enforcement Plan

The Occupational and Safety Health Administration (OSHA) last week published an Interim Enforcement Response Plan that provides guidance to OSHA personnel on handling complaints, referrals and severe illness reports related to the COVID-19 pandemic. It provides insight for employers on OSHA’s intent to prioritize complaint investigations relating higher risk of COVID-19 exposure with the hope…

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Posting Requirements for Federal and State Notices

All employers are required to post certain federal and state postings on an annual basis – and generally the first of the year is the best time to ensure compliance. Federal law requires that an employer with less than 50 employees post 5 specific notices: the Fair Labor Standards Act; the Employee Polygraph Protection Act;…

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Competitor News

A group of Democratic senators, 5 of whom are candidates for the democratic presidential nomination and have pandered to protesters against the company in past weeks, wrote Secretary of Labor Alex Acosta to demand a “full investigation” into workplace violence against McDonald’s employees.  They wrote in response to an OSHA complaint against one location filed…

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OSHA Nominee Withdraws

File it under the heading “Enough is enough!”, as President Trump’s nominee to head the Occupational Safety and Hazard Administration, Scott Mugno,  has withdrawn his name from consideration. A former FedEx safety executive, the Mugno nomination (filed in 2017) was caught up in a tug-of-war between the Congress and the White House over a host…

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