Management's Workplace Lawyers

May 2017 E-Update

May 31, 2017

FTC Provides Advice on Complying with FCRA in Background Checks

The Federal Trade Commission recently issued a blog post reviewing the requirements under the Fair Credit Reporting Act when conducting background checks, and offering suggestions on how to comply with those FCRA requirements. 

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No Electronic Submission of OSHA Records for Now

The Occupational Safety and Health Administration has announced that it is not accepting electronic submissions of injury and illness logs at this time. 

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OSHA Withdraws Controversial Expansion of "Walk-Around" Rule

The Occupational Safety and Health Administration has withdrawn a rule that effectively permitted union organizers to accompany OSHA compliance safety and health officers during a workplace inspection of a non-union workplace. 

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Retiree Health Benefits Are Not Presumed to Be Vested

Applying the U.S. Supreme Court’s decision in M&G Polymers USA, LLC v. Tackett, the U.S. Court of Appeals for the 4th Circuit held that retiree health benefits did not vest under the language of the applicable collective bargaining agreements and summary plan descriptions, meaning that the employees were not entitled to the continuation of the same benefits after expiration of the CBAs. 

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Longevity Pay Raises Survived Expiration of Contract

A hospital unlawfully withheld longevity pay increases to its unionized nurses, according to the U.S. Court of Appeals for the D.C. Circuit, as the collective bargaining agreement did not sufficiently specify that such increases ended with the expiration of the CBA. 

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Non-Compete Agreement Is Subject of Mandatory Bargaining

The U.S. Court of Appeals for the D.C. Circuit held that a unionized company’s unilateral implementation of a mandatory non-compete agreement for new employees violated the National Labor Relations Act, because it was a mandatory subject of bargaining with the union.

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One Racial Slur May Be Sufficient to Create Hostile Work Environment

The U.S. Court of Appeals for the 2nd Circuit found that a single sufficiently severe racial epithet might be enough to create a hostile work environment in violation of Title VII.

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Update to MOSH Reporting Requirements

Maryland has incorporated the federal standards for reporting of work-related injuries and deaths.

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TOP TIP: Be Vigilant About Communicating with Employees on FMLA Leave

Sometimes when an employee is on an extended Family and Medical Leave Act leave, it can be a case of “out-of-sight, out-of-mind.” But a recent federal court opinion reminds employers of the importance of communicating with employees on FMLA leave. 

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