When considering whether to admit to an ADOSH OSHA citation, keep in mind the changing time periods for a repeat citation. A repeat citation is issued when the employer has been cited previously for the same or substantially similar citation and that citation has become a final order. Prior to January 2018, the statute of […]
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On September 23, 2017, Federal OSHA adopted the silica standard for the construction industry. The general industry aspect of the silica standard took effect on June 23, 2018. As a state plan state, Arizona has six months to adopt the Federal OSHA standard. However, review and approval of this standard had been delayed at the […]
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In this week’s L&E Legal Alert, Jennifer Yee and Josh Woodard take a deeper dive into the Encino Motorcars, LLC v. Navarro where the U.S. Supreme Court rejected the longstanding principle that courts construe FLSA exemptions narrowly and, instead, adopted a “fair reading” standard. For more information, see here.
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With the 2018 Utah legislative session about to begin, there are more than a few bills that Utah employers may want to keep on their radar. HB 117, for instance, seeks to increase the minimum wage to from $7.25 to $10.25 by July 1, 2018 and to $12.00 by July 1, 2022. This bill may […]
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The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]
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A Texas federal district court judge invalidated the Department of Labor’s (“DOL’s”) controversial Final Rule that would have made more than 4 million currently exempt employees eligible for overtime. On May 23, 2016, the DOL issued its Final Rule which sought to increase the minimum salary threshold to qualify for the “white collar” overtime exemption […]
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Yesterday, a federal judge from the United States District Court for the Eastern District of Texas entered a nationwide preliminary injunction prohibiting the U.S. Department of Labor from implementing updates to the salary requirements for exempt employees. Earlier this year, 21 states banded together and filed suit against the DOL and argued that the DOL’s […]
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