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UPDATE: OSHA Announces Second Delay in Enforcement of Non-Discrimination Provisions



As we noted on the blog in July, OSHA announced that it would delay the enforcement of the controversial non-discrimination provisions of its electronic recordkeeping rules until Nov. 1, 2016. The original effective date was Aug. 10, 2016. We previously mentioned that the first delay appeared to be in response to a lawsuit and motion for preliminary injunction challenging the legality of the regulations filed in the Northern District of Texas (Texo ABC/AGC, Inc. et al v. Dept. of Labor, et al., Civil Action No. 3:16-cv-1998).


Last week, in response to a request from the judge, OSHA agreed to extend the deadline for enforcement of the non-discrimination provisions until Dec. 1, 2016, to permit supplemental briefing on the two issues: 1) whether a nationwide injunction is warranted in this case; and 2) whether such an injunction can be lawfully imposed by the court.


The judge’s proposed questions appear to signal a positive development for employers hoping for a further delay of the non-discrimination provisions. Stay tuned for further developments.


Mark Kittaka

Mark S. Kittaka is a partner and the administrator of the Labor and Employment Law Department of Barnes & Thornburg LLP’s Fort Wayne, Indiana office. He also practices out of the firm's Columbus, Ohio office. Mr. Kittaka’s practice covers all areas of labor and employment law including federal and state litigation concerning discriminatory practices and retaliation claims.

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