The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. More ›

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and employment attorney gave to me twelve drummers drumming and SB 553. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 12: COVID-19 Notification Requirements

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment attorney gave to me: twelve drummers drumming and AB 685.

In a year marked by the pandemic, it seems rather appropriate that our 2020 series is bookended with COVID-19 laws. As the pandemic evolved, so did requirements for employers to comply with COVID-19 guidelines. Earlier this summer, Virginia became the first state to adopt emergency COVID-19 regulations. As was suspected, California followed suit and enacted its own legislation to help slow the spread of COVID-19 and also emphasize employee safety. More ›

CDC Guidance Establishes the Bar for Workplace Safety and OSH Act Compliance Related to COVID-19

Throughout the COVID-19 pandemic, employers have had to keep abreast of evolving or incomplete government guidance, all while trying to discern for themselves the most prudent way to handle employee leaves, pay, workload, and safety.

The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) have now worked together to produce a "Guidance on Preparing Workplaces for COVID-19." This guidance is explicitly "advisory in nature" and "informational in content," and "not a standard or a regulation." Nevertheless, the guidance provides helpful information about how the agencies view the methodology of COVID-19 transmission, exposure risks and classifying worker exposure, and what to do to protect workers. The U.S. Department of Labor (DOL) provided similar advice in an April workplace poster. Efforts addressed include personal protective equipment (PPE), engineering controls (e.g. barriers), and administrative controls (e.g. monitoring, training, flexible hours, or telework). More ›