While it may seem like there is nothing that can be done when the Occupational Safety and Health Administration (OSHA) issues fines to a company, there are some affirmative defenses of which employers should be aware. An affirmative defense, if properly argued, can...
Effective March 11, 2024, the U.S. Department of Labor’s (DOL) assessment to define an “employee” and an “independent contractor” under the Fair Labor Standards Act will change. The move comes about as the agency attempts to reign in the issue of misclassifying...
(*Note: This list will be updated in April for fiscal year 2023) The U.S. Occupational Safety and Health Administration (OSHA), which publishes annual citation reports, ranks lack of protection from falls in the construction industry as its most commonly cited...
Although the three-decade-old Uniformed Services Employment and Reemployment Rights Act (USERRA) is arguably an afterthought in the employment world, it still packs a punch against employers in the courtroom. USERRA protects military service members and veterans from...
A $26 million budget increase combined with a recent political shift of the U.S. Equal Employment Opportunity Commission (EEOC) likely means another aggressive year ahead for the commission. This comes after the EEOC filed 52% more employment discrimination lawsuits...
After the Federal Trade Commission (FTC) proposed a new rule in 2023 banning non-compete clauses, the commission is expected to vote on the matter in April 2024. Employment lawyers expect the rule to become law but to face steep legal challenges in the aftermath of...
