Compliance Stuff

Seyfarth Synopsis:  Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements. Oregon Governor Tina Kotek signed Senate Bill 592 into law in 2023, requiring Oregon OSHA to increase penalties and implement a program for follow-up inspections for significant citations. In response, Oregon OSHA implemented its “ Programmed Inspections for Cause ” enforcement program designed to prioritize  comprehensive  inspections against employers with histories of multiple high-classification (Repeat or Willful) citations or citations issued in response to a fatality.  Comprehensive Follow-up Inspections A “comprehensive inspection” is a wall-to-wall examination of the worksite to assess compliance with occupational safety and health regulations. Unlike focused inspections, which target specific hazards or complaints, a comprehensive inspection re...

  A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S. 1792) last month, hoping to shield tech workers and others who expose AI security flaws, legal violations, or dangerous practices. House AI leaders quickly introduced a companion bill, intent on closing the growing gap in whistleblower protections related to artificial intelligence. More than 20 public interest organizations just called on Congress to pass the bill in a June 10 letter, citing retaliation, NDAs, and a chilling effect that could silence insiders. What do you need to know about this latest piece of potential AI that would impact the workplace? 💥 The prime sponsor of the House version of the bill, Rep. Jay Obernolte (R-CA), has just agreed to speak at FP’s AI Conference next month.  Register now  to hear first-hand about AI regulation an...

No matter the industry – construction, manufacturing, healthcare, or beyond – the well-being of your workers is non-negotiable. And behind every solid safety program is a professional making sure the gears are turning: overseeing policies, conducting training, enforcing regulations, and generally staying on top of things. But there’s one often-overlooked part of the job that can make or break a safety program – documentation. This Insight will unpack why documentation matters, what can go wrong if you don’t do it right, and provide you with five best practices to build smart, reliable recordkeeping habits. Why Documentation is Essential Proving Compliance:  Officials at the Occupational Safety and Health Administration (OSHA) and at state agencies don’t just want to hear that your safety program exists – they want to see it. Documentation is the evidence. You need to be able to show what hazards were identified, which trainings took place, how equipment was inspected, and what ac...

As we previously  blogged , effective July 1, 2025, Los Angeles County’s new  Fair Work Week Ordinance  requires qualifying retailers and grocers (300+ employees nationwide in unincorporated LA County) to give workers predictable schedules, advance notice, rest between shifts, and “predictability pay” for certain schedule changes. It also mandates recordkeeping, posting notices, and limits on hiring new staff before offering existing employees extra hours. Here’s a quick refresher on the key requirements: 1. Good Faith Estimate of Work Schedule Provide every new hire—and any current employee within 10 calendar days of request—a  written , non binding estimate of expected hours, days, locations, and potential shifts. If actual schedules deviate substantially (≥20% of hours, different days, location, or shifts outside the estimate in six of 12 weeks), document a legitimate business reason that is unknown at the time of estimate to substantiate the deviation. 2....

  The federal government made headlines last week by rolling back a slew of workplace obligations, but employers should be prepared for heightened requirements at the state and local level . Indeed, blue states are expected to up their game this year in resistance to the Republican trifecta in the White House, Senate, and House – and pay transparency will continue to be one of the hottest topics. This trend has already impacted many businesses in various locations across the country, and we think more employers will be grappling with new compliance obligations by the end of the year. Here’s what you need to know about pay transparency laws and five tips for compliance.   If you want to learn more,  register here for our February 5 webinar , Money Matters: Pay Transparency Unveiled and Practical Approaches for Employers. 1. Keep Up with the Patchwork of New State Laws In addition to rules on equal pay for equal work, many states are now requiring employers to disclose sala...

  Every once in awhile, the U.S. Department of Labor rattles its saber, warning employers that it’s readying itself for aggressive enforcement investigations reviewing alleged FMLA violations. For instance, two years ago, the DOL  announced  that it would ramp up FMLA audits (as well as wage and hour audits generally) those employers in the warehouse and logistics industries. Well, they’re back again. Based on information provided informally during DOL investigations in which we have been involved, we have learned that the DOL is directing investigators to insist on production of additional information from employers particularly with respect to payroll practices. This is potentially a big deal. If you’ve been involved in a DOL investigation over the past year, you’ve noticed a new format for the long-itemized list of information DOL seeks in an FMLA investigation. Take, for example, this laundry list of requests I received from DOL earlier this year in an F-M-L-A investi...