On Tuesday, December 3, 2013, in conjunction with the Grain Journal, Eric J. Conn, Head of the national OSHA Practice Group at Epstein Becker & Green, delivered a webinar focused on the OSHA enforcement landscape related to work on top of rolling stock (specifically railcars) at grain elevator facilities. The webinar, including a Q&A session, was recorded, and the Grain Journal has made the recording available online. The recording includes an audio broadcast with a video of the accompanying PowerPoint presentation.
Monthly Archives: December 2013
In a recent Law360 article, “NLRB Social Media Push Looms Large for Hospitality Sector” (subscription required), our colleague Mark Trapp comments on the importance for unionized and non-unionized hospitality employers to review their social media policies.
Following is an excerpt:
Our colleagues Kara Maciel and Adam Solander have a new Law360 article, “Where ERISA and the Affordable Care Act Collide,” that serves as an important wake-up call on staffing decisions that employers have to face.
Following is an excerpt:
In July 2013, the Obama administration announced a delay of the employer mandate provision of the Affordable Care Act for one year (i.e., the employer mandate). While back in July a one-year delay seemed like an eternity, the reality is that given the way in which most employers will determine whether an employee is classified as full-time, and therefore is eligible for coverage, as a practical matter, in very short order employers may be forced to make staffing decisions that could expose them to liability. This article will examine some of the risks associated with employer staffing decisions and how those risks maybe mitigated.
We’re back to our routine here, after being away for the ILN’s Regional Meeting of the Americas in Miami, and then off for the US’s Thanksgiving holiday!
We’ve had some great content coming through ILNToday this week, so without further ado, here are this week’s top posts!
- “First Kill All The Lawyers” – Obama’s Persuader Rules Target Employer’s Right to Counsel from Epstein Becker & Green: No, this is not a post about killing lawyers, but instead a focus on employment law – according to the introduction of the post, “The Proposed Rule is designed to give unions both an organizing and bargaining advantage by significantly restricting the right and ability of employers to obtain legal counsel and lawfully communicate with employees about labor matters.”
The Department of Labor (DOL) announced yesterday that whistleblowers covered by any one of 22 statutes administered by the Occupational Safety and Health Administration – which includes whistleblower retaliation complaints under Section 806 of the Sarbanes-Oxley Act (SOX) — can now file complaints online. Section 806 of SOX affords protection to employees who have allegedly suffered an adverse action because they complained, externally or even just to their supervisor, that the company has committed a violation of various fraud statutes (frauds and swindles, wire fraud, bank fraud, securities and commodities fraud), or a violation of any rule or regulation of the Securities and Exchange Commission (SEC), or any provision of Federal law relating to fraud against shareholders. The online form, which is up and running, provides employees an additional and, for many, easier way to file a retaliation complaint to commence OSHA’s investigative process. Previously, employees had to mail a complaint, or visit or call an OSHA office. But the speed, efficiency and familiarity of the Internet creates the possibility that some employees who might not otherwise have filed complaints may now do so. This new accessibility to the enforcement agency mirrors the ease with which employees can provide tips regarding wrongdoing and apply for bounty awards to the SEC or Commodity Futures Trading Commission under the Dodd-Frank Act, which can also be done on-line.
It is with great pleasure for me to introduce another issue of HOMS News. There is a lot happening and this issue will give you a flavour of that.
While the business environment is still extremely difficult it appears that the economy is improving. We see significant activity within the banking sector who are coming to terms with their difficulties. While this will cause pain for many it is essential to get the economy moving again. The pace of activity has picked up considerably in Dublin and there are hopes that the rest of the country will follow. More…
In the early 1990s recession we called a tenant “someone who paid the rates”. They clearly couldn’t afford the rent, but often met their rates liability. In the last few years rates, again, have become a key issue, particularly where premises become vacant following the termination of a lease via insolvency action or otherwise.
Liability for rates falls upon the person who is entitled to occupation. If a property is not let, then that is the owner. Landlords have, therefore, found themselves with substantial rates liabilities. More…
There has been a growing trend in London to construct basements as a means of extending properties. Bearing in mind that land values in the capital remain high (and are rising still higher), add to the mix the historic character of certain boroughs which limits the scope to extend houses above ground, it is understandable that the number of applications for basement extensions has soared in recent years. For instance, in the Royal Borough of Kensington and Chelsea the number of planning applications with a basement element increased from 46 registered cases in 2001 to 307 last year. More…
Over the past three years, the EU has sought to respond to the Eurozone sovereign debt crisis in a number of ways. In terms of financial support, it has established various funds, culminating in the European Stability Mechanism. It has also strengthened the Stability and Growth Pact, and Eurozone members have signed a Treaty on Stability, Coordination and Governance. It is fair to say that these measures have tended to follow the crisis, rather than to prevent it. More…
They had the Beatles, we’ve got the Eagles. They have Big Ben, we have the Washington Monument. There are endless comparisons to make between British institutions and those born in the United States, and things are no different the advertising field. Today, we’re talking specifically about advertising industry self-regulation, which both the United States and United Kingdom got serious about in the latter half of the twentieth century. In 1962, the United Kingdom advertising industry established its Advertising Standards Authority (ASA), which adjudicates claims of non-compliance with the British Code of Advertising Practice. Nine years later, the National Advertising Review Council – now known as the Advertising Self-Regulatory Council (ASRC) – was formed in the United States.