The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade groups, with perhaps the most high-profile of these efforts being a federal lawsuit in Texas filed by the U.S. Chamber of Commerce, the National Association of Manufacturers, and Associated Builders and Contractors, Inc., among other plaintiffs.
Labor & Employment
Husch Blackwell Publishes Its Inaugural Legal Insights for Manufacturing Report
We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year for the manufacturing industry.
OEHHA Proposes (Additional) Changes to Prop 65 Short Form Warnings
About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65. Proposition 65 requires businesses to warn Californians about exposure to certain chemicals through “clear and reasonable” warnings. There are currently two forms of “safe harbor” warnings, one of which is the short form warning. The short form warning requires less detail, takes up less label space, and does not require the listing of any chemical names, which has made it a popular choice.
Return-to-Work Policies and Procedures for Startups
Many cities and states have issued guidance regarding face coverings, social distancing, and other safety measures for employees. When each state has different, rapidly evolving guidance, and sometimes conflicting guidance, this can quickly become confusing. However, failure to establish policies and obtain consent can expose startups to litigation.
Startups may have questions and concerns regarding best practices for reopening and reducing the risk of spreading COVID-19. To address these concerns and mitigate risk, we have compiled a number of return-to-work policies and procedures for startups to consider.
USCIS Updates Employer Guidance for Completion of Form I-9
U.S. Citizenship and Immigration Services (USCIS) recently updated its Handbook for Employers: Guidance for Completing Form I-9, also called M-274. These changes are meant to clarify and add detail to existing Form I-9 rules, but do not alter the Form I-9 rules themselves or the version of the Form I-9 that employers should currently be using. As of April 30, all employers must use Form I-9 dated 10/21/2019. However, a few of these clarifications to the new edition of USCIS’ Handbook are of note.
As Shelter-in-Place Orders Spread, What Businesses are Essential?
Multiple state governors have issued orders for their residents to shelter at home and for non-essential businesses to close. We expect this to occur in most other states, if not all, in the near term. Although the directives vary from state to state, there is a focus on keeping “essential” businesses and functions operational. How do we know what businesses and services are “essential”?
That question is likely to be up for significant debate; however, guidance has been offered by the U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency (CISA). Christopher Krebs, Director of CISA, announced in a memorandum that CISA, in collaboration with other federal agencies and the private sector, have developed an initial list of “Essential Critical Infrastructure Workers.” This list is designed to assist state, local and tribal officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.
An Ounce of Prevention is Worth a Pound of Cure: Why Startups Should Consider Litigation Risk
Most startups initially focus on incorporation, funding, and protecting their intellectual property, which is logical and practical! While these are all important and necessary, startups should also ensure that they are protecting their new startup from legal actions such as a lawsuit – the dreaded “L” word. A lawsuit is the official court process in which two or more parties seek to resolve a dispute. A legal battle can be lengthy, expensive, and create bad publicity. Startups are experiencing a rise in litigation and below we will focus on three growing risks to startups and provide practical steps to prevent these types of lawsuits.
Being threatened with a lawsuit is always frightening and unsettling but sometimes can be avoided. For example, in a sole proprietorship, both the company and owner could be liable for the damages. Structuring a startup as a corporation or a limited liability company could help reduce owner liability. Generally speaking, the creditors of a business also cannot succeed against the founders and other investors of corporations and LLCs for unpaid debts because they are sheltered by the corporate status.
Is My Startup Subject to the “Me Too” Movement in Missouri?
The answer is “Yes” if your start-up has progressed far enough along to have hired six (6) employees. The Missouri Human Rights Act (“MHRA”) makes it illegal to discriminate in any aspect of employment, including tangible employment actions, because of an individual’s race, color, religion, national origin, ancestry, sex, disability or age (between the ages of 40 through 69). Under the MHRA, an employer is “a person engaged in an industry affecting commerce who has six or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.” This means as your startup succeeds in growing, you must be aware of the 6-employee rule and the impact on your business if you violate the MHRA.
Social Security No-Match Letters: Three Reminders
This Spring, the Social Security Administration (SSA) began mailing Employer Correction Request Notices (known informally as “No-Match Letters”) to employers that submitted at least one Form W-2 where the name and Social Security Number (SSN) did not match SSA records. These letters contain specific instructions for employers, but employers should be cautious when responding to these letters. Below are three reminders for employers to consider.
Toxic Tort Monitor: New Illinois Leadership Drives Passage of Legislation to Eliminate Workers’ Compensation Exclusivity Remedy Defense to Illinois Employers
Shortly after the inauguration of Illinois Governor J.B. Pritzker, legislation was introduced in both the Illinois House and Senate to essentially override the Illinois Supreme Court’s decision in Folta v. Ferro Engineering, 2015 IL 118070 (2015). In Folta, the Illinois Supreme Court held that the Worker’s Compensation Act and Occupational Diseases Act was the exclusive remedy to Illinois employees who suffered latent injuries such as mesothelioma.