OSHA Assistant Secretary David Michaels, Deputy Assistant Jordan Barab, and other political appointees at OSHA have consistently voiced the opinion that employer “cheating” with regard to recordkeeping is rampant. OSHA is once again asserting that half of all workplaces being inspected for recordkeeping violations are underreporting injuries and illnesses. In a way this is surprising and in a way it is not. It is surprising because OSHA had temporarily suspended its National Emphasis Program (NEP) on recordkeeping after 2010 data failed to establish that employers were underreporting as the agency suspected when the emphasis program was announced in 2009. In another way, it is not surprising, since OSHA refused to accept the idea that the negative findings by compliance officers could be accurate. Following its temporary suspension of the auditing program and under the assertion that it routinely revises its NEPs, OSHA expanded the criteria for the NEP by including manufacturing and a broader time period. Not surprisingly, the new data from the revised NEP shows a higher non-compliance rate.
The American Recovery and Investment Act of 2009 (also referred to as the “stimulus bill”) signed by President Barack Obama on February 17 contains a provision requiring recipients of TARP funds or Federal Reserve loans to comply with requirements normally placed on H-1B dependent employers. Generally, an H-1B dependent employer is one with 15 percent
On September 21, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) filed a status report with the U.S. District Court for the District of Columbia in response to that court’s August 22, 2017, ruling against the EEOC’s 2016 wellness program regulations.
Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court
On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964.