Compliance Stuff

  “The Times They Are a-Changin’” isn’t just a Bob Dylan song title—it is also a fairly accurate description of what has been happening in the arena of the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) since early 2023. Quick Hits OSHRC, an independent federal agency that resolves disputes between employers and OSHA, has lacked a quorum on its three-person panel since April 2023 , leaving pending cases unresolved. The current term of the Review Commission’s only member expires on April 27, 2025. The Supreme Court’s  Loper Bright Enterprises v. Raimondo  and  SEC v. Jarkesy  decisions regarding administrative agencies’ s tatutory interpretations and adjudication processes may impact OSHA enforcement and OSHRC adjudicative procedures. The Office of the Solicitor General recently announced that it would no longer defend certain protections for administrative law judges . This position could cre...

  As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought about ahead of time, to the extent possible, instead of "at the moment" once a natural disaster strikes.  Pay Issues Non-Exempt Employees The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees only for hours actually worked .  Non-exempt employees typically (although not always) are paid an hourly rate for their work.  Therefore, in those situations, non-exempt employees do not have to be paid for any hours that they do not work, whether or not due to the natural disaster.  However, if a non-exempt employee is instead provided with a guaranteed salary, the employee must be paid their full weekly salary for any week during which  ANY  work is performed for the employer (with a few limited exceptions ty...