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OSHA was busy in 2018 and shows no signs of slowing down thus far in 2019. However, despite its recent reform efforts, Public Citizen’s Health Research Group may be throwing a wrench into their plans.

Background and the Final Rule

In May of 2018, OSHA posted on its website that it was no longer requiring submission of 2017 Forms 300 and 301 injury ...

The National Labor Relations Board issued a press release on January 25 indicating a return to the previous standard for determining if an individual is an employee or independent contractor for purposes of determining the right to organize. This overturns a 2014 ruling by the NLRB and returns to the decades-long “common-law” test.  In ...

The NFL gave football fans the gift of two record-setting NFC and AFC Championship games last Sunday – both decided on controversial calls and crucial plays in the last seconds of overtime. Football fans relish intense battles that leave us on the edge of our seats until the final whistle blows. Yet most fans agree – our desire for uncertainty ends ...

Uh oh.  You just found out one of your employees claims she got hurt at work.  You know you have workers’ comp coverage, but you’ve never handled a claim before.  And you’re not sure she actually got hurt at work.  What do you do?

Investigate!

  • If there was a delay in reporting the injury, review timecards and make sure the employee worked that day.
  • Talk ...
The government shutdown is entering yet another week with no end in sight.  About 800,000 federal employees have been furloughed or are working without pay. (For those wondering, private employers do not have the luxury of having people to work without pay when finances are tight.  That’s a perfect example of our government using the “Do as I say ...

Although I’m quite sure the Notorious B.I.G. was referring to something else, I’m talking about Ohio Constitutional Amendment II-34a. In November of 2006 my fellow Ohioans passed a Constitutional Amendment requiring that the minimum wage in Ohio adjusts annually to reflect the rate of inflation. I won’t bore you with the math on how ...

Can artificial intelligence be sexist? What about racist? In a previous article “HELP! The Robots are Coming!” we boasted about the numerous benefits of using artificial intelligence in the workplace. We even used cute references to Will Smith’s film I, Robot to help embed the point that there may come a time when it’s People v. Robots ...

On November 8, 2018, the DOL reissued Opinion Letter FLSA2018-27 which had been rescinded in 2009. The reissued Opinion Letter announces the DOL’s position on dual jobs and related duties under Section 3(m) of the FLSA. The DOL admitted that its Field Operations Handbook (“FOH”) sections addressing the tip credit have resulted in some ...

Earlier this month, the Kentucky Supreme Court upheld the state’s new “Right to Work” law enacted this past January. Several labor unions immediately challenged the constitutionality of the new law – arguing that the law unfairly targeted only collective bargaining agreements and provided union employees unequal protection under ...

Now that the election is behind us, all of your employees have stopped discussing political issues and there is peace and harmony in the universe, right? Ha! If only that were true. With the House switching from one party to another, political discord is likely to ramp up. Is your workplace at risk of becoming a tinderbox as employees debate and ...

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