OSHA Can Go Back More Than Five Years for Repeat Violations

| posted in Blog, Newsletter

OSHA can look beyond five years to assess “repeat violations” when considering the penalties against an employer for breaching workplace safety regulations, a U.S. appellate court has ruled. Repeat violations can be assessed at 10 times the amount of a safety violation, which makes the ruling a game-changer for companies who have been cited more than once, even if that citation was issued more than five years ago. It increases the stakes for employers who until now chose not to contest more routine violations because of the cost of defending them. Under OSHA regulations, the maximum penalty for a serious…
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FMLA, FLSA Lawsuits Surge, Exposing Employers to Large Awards

| posted in Uncategorized

The number of employee lawsuits against employers for Family Medical Leave Act (FMLA) and wage and hour violations has skyrocketed in the last five years and your firm could be the next target even for a small misstep, which can be costly. The Department of Labor has increased its budget and the number of investigators pursuing employers who violate the Fair Labor Standards Act (FLSA), which covers wage and hour complaints, including exempt and non-exempt employee violations, overtime violations and similar issues. Employment law attorneys say that the surge in FMLA complaints is a result of more people knowing about…
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California Wage & Hour Violations Can Create Personal Liability

| posted in Uncategorized

A new California law gives the state labor commissioner expansive new powers to go after employers that have judgments against them for non-payment of wages, including issuing stop-work orders and holding officers personally liable. The Fair Day’s Pay Act, which took effect Jan. 1, adds a whole new section to the state Labor Code aimed at reducing wage theft and making employers pay for skirting wage and hour laws. Specifically, those violations include: • Final payment of wages at termination. • Issuing wage statements. • Meal and rest break laws. • Overtime. • Expense reimbursement. • Payment of minimum wage….
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