Non-Compete Agreements For Low-Wage Workers Under Fire

According to a University of Michigan Law & Economic Research Paper last revised on January 19, 2019, post-termination non-compete agreements “are more likely to be found in high-skill, high-paying jobs, but they are also common in low-skill, low-paying jobs.” California is famous for outlawing virtually all covenants not to compete for employees. Historically, most other states have required only that such covenants have reasonable limitations as to time, geographical area and scope of activity to be restrained. Increasingly, however, states are also limiting the types of jobs that may subject to a non-compete agreement. READ MORE

OSHA Amends Electronic Record Rules

As reported in a previous post on this blog, OSHA published on May 12, 2016 a final rule amending its record-keeping regulations to include new electronic submission mandates. The 2016 rule requires that establishments with 250 or more employees electronically submit injury and illness data they are already required to record on their onsite OSHA Forms 300 (Log of Work-Related Injuries and Illnesses), 301 (Injury and Illness Incident Report) and 300A (Summary of Work-Related Injuries and Illnesses). The 2016 rule further mandates that, for 66 classified industries, an establishment with 20-249 employees electronically submit its OSHA Form 300A. On January 24, 2019, OSHA published a new fina

Employers Should Be Monitoring "Right To Disconnect" Initiatives

As many employers already know, states and municipalities have recently been at the forefront in enacting legislation to protect the rights of workers. Previous articles on this blog have highlighted new laws governing predictive scheduling, state-specific sexual harassment prevention, non-disclosure agreements, job candidate screening, paid sick time, and other terms and conditions of employment. So what other legislative initiatives should employers be monitoring? Based upon a bill scheduled this week for hearing by the New York City Council, “right to disconnect” initiatives should certainly be on this list. READ MORE

OSHA Open During Partial Government Shutdown

Although many federal agencies have been affected by the partial government shutdown, the U.S. Department of Labor is not one of these agencies. The U.S. Department of Labor, including OSHA, has already been fully funded through September 30, 2019, as part of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019, signed into law by President Trump on September 28, 2018. Accordingly, OSHA remains open, and is conducting work site inspections, despite the partial government shutdown. How To Survive An OSHA Inspection

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