Legal and Compliance News
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Question of the Month:
Beyond reporting an injury to our workers’ compensation carrier, does our business need to track and report on workplace injuries?
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Answer:
Reporting Requirements Under Occupational Safety and Health Administration (OSHA) reporting and recordkeeping rules, all employers under OSHA jurisdiction must report
all work-related fatalities, hospitalizations, amputations, and losses of an eye to OSHA, even employers who are exempt from routinely keeping OSHA injury and illness records due to company size or industry. Specifically, employers will have to report all
of the following to OSHA:
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Work-related fatalities.
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Work-related inpatient hospitalizations of one or more employees.
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Work-related amputations.
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Work-related losses.
Employers must report work-related fatalities within eight hours of learning of the fatality. Employers must only...
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The federal Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act to prohibit discrimination on the basis of pregnancy, childbirth,
or related medical conditions in relation to any aspect of employment including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Additionally, if a woman is temporarily unable
to perform her job due to a medical condition related to pregnancy...
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Making Up Fake Employees Can Land You in Jail
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Most employers are aware that violations of the Fair Labor Standards Act can result in an investigation by the U.S. Department of Labor, leading to back
pay damages, as well as possible liquidated damages in an amount equal to back pay, and even civil penalties up to $1000 for each willful or repeated violation. State departments of labor may also conduct such investigations for violations of state wage and
hour laws, which can result in similar monetary consequences. Employees may also bring a lawsuit against their employer in federal or state court. But what many employers don’t know is that they could even end up in jail!
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Another Year, Another All-Time High for Wage and Hour Litigation
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Wage and hour litigation continues to soar to record highs. So says the federal judiciary’s most recent data on cases filed in federal court over the last
federal fiscal year. After hitting an all-time high of 8,160 in FY14, the annual wage and hour caseload spiked another 7.6% — to 8,781 — in FY15. In federal court, employers are more likely to face wage and hour claims than any other form of employment litigation.
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Looking Backward and Forward: A Review of Key EEOC Developments
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On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights
key EEOC developments over the past fiscal year, ending September 30, 2015. This Insight provides a preliminary review of selected statistics highlighted in the PAR and discusses the EEOC’s successes and failures during the past fiscal year, particularly focusing
on the EEOC’s “national priorities” discussed in its Strategic Enforcement Plan.
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