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The first article in this series provided a general overview of the OSH Act and OSHA; the second article examined OSHA’s rulemaking process; the third article reviewed an employer’s duty to comply with standards; and the fourth article discussed the general duty clause. This article addresses OSHA’s recordkeeping requirements. Quick Hits The OSH Act’s recordkeeping provisions require employers to “make, keep and preserve, and make available” any records OSHA may…

Quick Hits Beginning April 1, 2024, USCIS service centers stopped accepting paper-filed I-129 petitions requesting H-1B and H-1B1 classification, instead requiring petitioners to file at designated lockbox facilities. As a result, the filing volume at USCIS lockboxes has increased, and USCIS has now confirmed that it is experiencing delays in issuing receipt notices. Employers may wish to consider these delays when preparing time-sensitive filings that require a receipt notice for…

Quick Hits Restrictions on contact have been modified to eliminate mutual no-contact orders as the default. Supportive measure decisions are appealable. Procedures for emergency removal of a student respondent and placement of an employee respondent on administrative leave have been clarified. The final regulations take effect on August 1, 2024. § 106.44—Recipients’ Duty to Address Sex Discrimination Knowledge and Notice Section 106.44 provides specific requirements for the institution’s response to…

Quick Hits The EEOC issued a final version of new guidance for employers clarifying its positions on the applications of federal laws prohibiting harassment and retaliation. The new guidance is the first update to the EEOC’s workplace harassment guidance since 1999 and incorporates several new developments in the law and modern workforces. Key to the new guidance is that it recognizes unlawful harassment against LGBTQ+ individuals and addresses workplace protections…

Quick Hits DHS announced relaxed employment authorization standards for Ethiopian and Palestinian F-1 students who are eligible for work authorization. During the school year, work-authorized Ethiopian and Palestinian F-1 students may increase the number of hours worked and reduce their school course load. Students who utilize this benefit will still be maintaining their status despite not having a “full course of study.” On April 12, 2024, Secretary of Homeland Security…

Quick Hits The Massachusetts Supreme Judicial Court upheld a lower court’s ruling that a retailer’s commission-based compensation plan violated the Massachusetts Wage Act by paying commission-based sales employees their overtime and Sunday premium pay out of their earned commissions. The retailer used a compensation plan that functioned like an advance on sales employees’ future commissions, with sales employees being paid three different types of advances and charged with a “negative…