The Labor Law Insider - What Just Happened, and What’s Next? 2023 Labor Law Retrospective
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On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and...more
On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees...more
When the Occupational Health and Safety Administration (OSHA) decides to conduct an inspection of a workplace, the “walkaround rule” regulation currently permits employees to designate a representative to accompany the...more
On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more
The National Labor Relations Board (“NLRB”) has been busy this December. It has issued a new rule changing the timing requirements in representation elections and has rendered a decision restoring an employer’s ability to...more
The NLRB has ruled that, under the particular circumstances, an employer representative lawfully barred a union representative from asking questions during an investigatory interview while the employer representative was...more
Workplace investigations can either stall out without any clear answer, or instead succeed and lead to a conclusion, depending on the effectiveness of the interviews. However, many people conducting interviews skip simple...more
Last week, OSHA rescinded a controversial 2013 interpretation letter that allowed union representatives – including organizers – to participate in OSHA inspections at non-union workplaces. Many employers and employer groups...more
On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more
Four years ago, in a letter of interpretation addressed to Steve Sallman of the United Steelworkers of America (the Sallman Letter), the federal Occupational Safety and Health Administration (OSHA) changed more than 35 years...more
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more
This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more
Last week, the National Labor Relations Board’s Division of Advice issued a Memorandum finding that an employer’s search of a company vehicle regularly driven by an employee did not trigger the employee’s Weingarten rights....more