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BT Currents - Hot Topics in Employment Law

30 Oct OSHA Developments – More Good News for Employers

  As I mentioned in May, there have been a number of positive regulatory or enforcement developments for employers, including (1) the repeal of the Volks rule, which would have changed the statute of limitations for OSHA recordkeeping violations from six months to more than five years, and (2) the rescinding of the memo establishing union walk-around inspection rights even in a non-union setting.   Electronic Recordkeeping   The good news for employers continues with developments related to the electronic recordkeeping rule and the associated…

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08 Aug Sexual Orientation: DOJ and EEOC Take Opposite Positions in Amicus Briefs Filed in Same Case

  In a bizarre twist, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have each filed amicus briefs on opposite sides of a sexual orientation discrimination case involving Title VII. Since 2013, the EEOC has consistently taken the position that Title VII prohibits sexual orientation discrimination.   As we have covered in past posts, there have been a number of recent decisions regarding whether Title VII’s prohibition against sex discrimination also prohibits discrimination on the basis of sexual orientation. In particular, the…

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22 Jun Fourth Circuit Upholds ‘Mark of the Beast’ Jury Verdict

  The U.S. Court of Appeals for the Fourth Circuit unanimously upheld a West Virginia’s jury verdict of nearly $600,000 in favor of the EEOC on behalf of an employee who alleged the company failed to accommodate his religious belief. The employee believed that using the company’s biometric hand-scanning time clock would affix the “Mark of the Beast” as described in the book of Revelation in the Bible. By using the hand scanner, the employee believed he would be marked as a follower of the…

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12 May Trump’s Actual Impact on OSHA

  In November, I attempted to look into the crystal ball to see what potential impact the new Trump administration could have on the Occupational Health and Safety Administration (OSHA). Here are some of results so far, which on the whole, are favorable to employers who suffered under the “regulation by shaming” mantra of past Assistant Secretary of Labor David Michaels.   Budget Cuts – As predicted, on May 5, President Trump signed a spending bill that cuts the labor department’s discretionary spending budget by…

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30 Mar Federal Contractor “Blacklisting” Rules Repealed

  As we previously covered, most of the Fair Pay and Safe Workplace Executive Orders and related regulations were halted by an injunction in a Texas federal court in October of last year. However, with President Trump’s recent signature on the joint resolution of disapproval passed by both the House and the Senate pursuant to the Congressional Review Act (CRA) as well as his execution of a new executive order revoking President Obama’s prior executive orders, all of the executive orders and related regulations (referred…

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