OSHA has proposed more than $1 million in penalties against a Chicago countertop manufacturer that allegedly did not do enough to protect its workers from the danger presented by silica dust. The agency zeroed in on Florenza Marble & Granite…
Employment Law
California’s Division of Occupational Safety and Health (Cal/OSHA) has cited nine employers for silica health and safety violations in the greater Los Angeles area. Cal/OSHA has ramped up enforcement efforts to address the growing number of silicosis cases among stone…
Even many veteran HR pros will admit that they are occasionally stumped by the intricacies of the Family and Medical Leave Act (FMLA). Case in point: the “key employee” exception. Understanding when to employ this rarely used exception can help…
The EEOC announced that an employer it targeted in a race bias suit will pay $1.25 million and take other significant steps to end the litigation. The defendant in the race bias suit was Asphalt Paving Systems, Inc., which is…
If your company requires employees to work mandatory overtime, it’s important to factor those extra hours into your calculations when determining employees’ FMLA entitlement. Failing to do so can be an expensive mistake, as an Eighth Circuit decision shows. That's…
A contractor was not legally responsible for the death of a laborer who fell to his death while working for a subcontractor, a New Jersey appeals court decided. In April of 2020, Willams Savaria was helping to provide maintenance services…
Let's face it: The Family and Medical Leave Act can be daunting for the most seasoned HR pros. So it's not surprising that managers occasionally get tripped up when the FMLA comes into play. Experts say violations often occur when…
The U.S. Department of Labor (DOL) has ordered a daycare facility to reinstate a fired childcare worker and pay $43,295 in back wages and damages. The employer was also required to pay $5,500 in attorney’s fees. Childcare Worker Shares Concerns…
Among the conditions that may qualify as a “disability” under the Americans with Disabilities Act (ADA) and thus require the provision of job accommodation, an employee’s sensitivity to fragrances is probably not near the top of the list that comes…
As we predicted here just a short time ago, a federal court has issued a ruling that blocks the FTC's non-compete ban from taking effect nationally. A federal district court judge in Texas granted summary judgment against the agency and…
A newly released report indicates a high injury rate for clean energy workers in Texas. The report, which was created and released by the Texas Climate Jobs Project, Cornell University and a movement called Organized Power in Numbers, says one…
A Mississippi poultry processing plant has agreed to pay $164,814 in fines and implement enhanced safety measures after a teen died on the job in 2023. An OSHA investigation determined the 16-year-old employee was pulled into a deboning machine while…
When conducting company layoffs or reorganizations, some employers may face this legally risky situation: denying reinstatement to an employee coming off FMLA leave. As you know, the Family and Medical Leave Act provides 12 weeks of job-protected leave per year…
A second federal district court has preliminarily enjoined enforcement of the FTC’s pending ban on non-compete agreements, finding that the rule exceeds the agency’s authority. The ruling pushes the scorecard to 2-1 in favor of rulings that block the ban,…
Question: If a departing employee leaves your company with a negative PTO balance, can you deduct funds from the final paycheck to cover it? A court ruling from Massachusetts provides valuable insight. Exempt Employee Gives Notice Ian O’Donnell was classified…
A court revived a case involving an employee who was injured after a drunk taxi driver – hired by her employer – got into an accident. Manoucheka Francois worked as a train conductor for the Metro-North Commuter Railroad. Late one…