Author: Samantha Yurman, JD

In a November 28, 2016 decision, a federal district court in Texas denied a preliminary injunction to block the Occupational Safety and Health Administration’s (OSHA) new rule, Improve Tracking of Workplace Injuries and Illnesses. This means that the antiretaliation provisions will take effect on December 1, 2016 and the electronic filing provision takes effect in…

On October 21, 2016, the federal Occupational Safety and Health Administration (OSHA) released a set of Recommended Practices for Safety and Health Programs to update OSHA’s 1989 guidelines. The updates reflect the countless changes in the economy, workplaces, and evolving safety and health issues since its first release 30 years ago. The Recommended Practices combine…

On October 18, 2016, the Social Security Administration (SSA) announced the maximum amount of earnings that are subject to the Social Security payroll tax will increase in 2017 to $127,200. This adjustment is effective as of January 1, 2017 and equates an $8,700 increase from the maximum for years 2015 and 2016, which was $118,500….

On October 18, 2016, in response to a request from a federal judge presiding over a legal challenge, the Occupational Safety and Health Administration (OSHA) agreed to extend the effective date of the anti-retaliation provisions in its new final rule, Improve Tracking of Workplace Injuries and Illnesses, to December 1, 2016. Federal Judge Sam Lindsay of the…

Finally, a New I-9

Since the current version of the Form I-9, Employment Eligibility Verification, expired on March 31, 2016, employers have been awaiting a new, updated form. On August 25, 2016, the federal Office of Management and Budget (OMB) approved a revised Form I-9. Consequently, the U.S. Citizenship and Immigration Services (USCIS) has 90 days to update the form…

Section 701 of the Bipartisan Budget Act of 2015 contains the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, which requires the Occupational Safety and Health Administration (OSHA) and most other federal agencies to implement inflation-adjusted civil penalty increases. The Inflation Adjustment Act also allows OSHA a one time “catch-up adjustment” to adjust for inflation…

The Equal Employment Opportunity Commission (EEOC) has issued a final rule, effective July 5, 2016, which increases the maximum penalty per violation of the notice posting requirements from $210 to $525 for each separate offense. The adjusted penalty will apply only to penalties assessed after this effective date. This higher penalty applies to every employer,…

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced a final rule which updates guidelines that covered contractors must meet under the provisions of Executive Order 11246. A well-established rule, E.O. 11246 prohibits sex discrimination in employment by federal contractors; however, the guidelines implementing it date back to 1970. These guidelines are…

Contrary to unfounded rumors, the Department of Labor (DOL) did not provide an exception in the new final rules for nonprofit organizations. In fact, the DOL clearly stated, “There are no changes to the rule that provides relief for nonprofits. Neither the FLSA nor DOL regulations provide an exemption from overtime requirements for nonprofit organizations.”…

On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of a final rule amending the white collar overtime exemptions to the Fair Labor Standards Act (FLSA). The final rule, which will be published in the Federal Register on May 23, 2016, increases the threshold salary for the exemption to $913 per…