Category Archives: construction

OSHA’s Latest Regulatory Agenda Suggests Few New Regulations In 2013

OSHA tardily published its Fall Regulatory Agenda on December 21.  The Administration did not even publish the Spring Agenda, and commentators for management and labor have described the dates as bearing little relationship with temporal reality as we know it. … Continue reading

Posted in combustible dust, construction, food processing, government inspections, manufacturing, OSHA, plastics, retail | Tagged , , , , , , , , , , , | Leave a comment

New Service Contracts With the Federal Government Require Employers to Offer Jobs to Displaced Employees of the Previous Employer.

  It was already difficult to understand and comply with Federal Government Contracting Laws, such as Davis-Bacon, Walsh-Healey and the Service Contract Act (SCA).  As of January 18, 2013, employers obtaining service contracts with the Federal Government will be required … Continue reading

Posted in construction, government contracting, government inspections, hospitality, Uncategorized, unions, wage hour | Tagged , , , , , , , , | Leave a comment

Top Ten Ways To Hold A Company Party – Without Getting Sued

Top Ten Ways To Hold A Company Party – Without Getting Sued Date: December 3, 2012 By Michael Mitchell (Labor Letter, December 2012) With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties … Continue reading

Posted in construction, discipline and discharge, EEOC, employer policies, food processing, generational differences, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail, social media, Uncategorized, workplace violence | Tagged , , , , , , , , | Leave a comment

What Should I Think About TV Coverage This Week and the New Congressional Report On the NLRB

A number of people asked me about Fox News and other discussions this week about an “out of control” NLRB. I have linked to a Fox story yesterday on a new Congressional Report that calls the NLRB a “rogue” agency. … Continue reading

Posted in concerted protected activity, construction, discipline and discharge, employer policies, food processing, government inspections, hospitality, manufacturing, NLRB, recruiting, retail, social media, union organizing, unions | Tagged , , , , , , | Leave a comment

What the New Michigan Right-to-Work Law Does… and Doesn’t Do….

Many people confuse Right-to-Work laws with the Employment at Will concept. Employment at Will is a common law concept standing for some variation of the rule that either the employee or the employer can terminate employment at any time for … Continue reading

Posted in concerted protected activity, construction, NLRB, plant openings and closures, plastics, union organizing, unions | Tagged , , , , , , , , , | Leave a comment

Free Webinar Making Predictions About Federal Agencies in 2013

While there remains some lingering uncertainty, the recent elections did lend some clarity to an evolving regulatory landscape. Now that the dust has settled, what can we expect from a second term for the current Administration? And with additional gridlock … Continue reading

Posted in aging workforce, concerted protected activity, construction, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, harassment, hospitality, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media, Uncategorized, unions | Tagged , , , , , , , , , , | Leave a comment

Biggest 2012 Employment Law Events (set to the theme of post apocalyptic movies)

The End of the World As We Know It? PART 1 My Portland partner, Rich Meneghello, produced the entertaining update below on the biggest employment law events in 2012, gleefully described in the context of disaster/post apocalypse movies… come on, … Continue reading

Posted in concerted protected activity, construction, discipline and discharge, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media | Tagged , , , , , | Leave a comment

Should An Employer Use Criminal Record Checks? Part 2

The post below is Part 2 of my law partner, Bert Brannen’s tips to safely using criminal record checks in the context of increased regulatory scrutiny. 3. Revise The Inquiries On Your Employment Application. The EEOC Guidance strongly discourages employers … Continue reading

Posted in construction, EEOC, employer policies, food processing, hospitality, manufacturing, recruiting, retail, Uncategorized | Tagged , , , , , | Leave a comment

Why Does OSHA Want a Digital Copy of My Safety Program?

Recently OSHA Compliance Officers in two different Area Offices specifically requested digital copies of employers’ “Safety Program” instead of written copies. The employers understandably wondered why the Compliance Officers expressly wanted digital copies. An obvious concern was that the Compliance … Continue reading

Posted in construction, employer policies, food processing, hospitality, manufacturing, OSHA | Tagged , , | 1 Comment

Should Construction Owners Continue To Use Criminal Background Checks? Part 1

My friend and partner, Bert Brannen is going to provide a three-part discussion on criminal background checks, including practical compliance tips. ( http://www.laborlawyers.com/dbrannen ). PART 1 Earlier this year, the EEOC issued Enforcement Guidance on the “Consideration of Arrest and … Continue reading

Posted in construction, discipline and discharge, EEOC, employer policies, harassment, hospitality, manufacturing | Tagged , , | Leave a comment