Audit, Compliance and Risk Blog

NLRB Proposes New Rule Defining “Joint Employer”

Posted by Jon Elliott on Thu, Jan 10, 2019

When someone receives occupational direction and/or compensation from more than one entity, who’s the boss? Sometimes it’s obviously one or the other, sometimes it’s not clear which one is, and sometimes the answer may be “both.” The answer has important implications, not just for who writes a paycheck but for who is subject to legal requirements and prohibitions under applicable laws.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, NLRB, directors & officers

New International Initiative to Reduce Plastic Waste

Posted by Jon Elliott on Tue, Dec 18, 2018

On October 29, a large multi-sector group of organizations announced a major initiative to eliminate plastic waste and pollution - the New Plastics Economy Global Commitment. The group is sponsored by the Ellen MacArthur Foundation, and intends to respond to dire projections of the environmental implications of plastic waste with. Informational materials highlight a projection from the United Nations Environment Program (UNEP) that more than 8 million tons of plastics end up in the world’s oceans annually, and that if present trends continue there will be more plastic than fish in the oceans by 2050.

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Tags: Business & Legal, Environmental risks, Environmental

More Jurisdictions Targeting Short-Lived Climate Pollutants

Posted by Jon Elliott on Tue, Dec 11, 2018

Although carbon dioxide (CO2) is the most common and most-discussed greenhouse gas (GHG), it is by no means the only one. And on a per-unit basis, it is by no means the most potent GHG either. Air quality agencies and climate change scientists also focus attention on so-called “short-lived climate pollutant (SLCP)” means an agent that has a relatively short lifetime in the atmosphere, from a few days to a few decades, and a warming influence on the climate that is more potent than that of carbon dioxide. Individual jurisdictions have addressed individual SLCPs, but comprehensive approaches have been limited.In 2014, California legislation assigned that state’s Air Resources Board (ARB) to adopt a SCLP Reduction Strategy (I wrote about the legislation and 2016’s draft strategy here).

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Tags: Environmental risks, Environmental, Greenhouse Gas, ghg, climate change

United States Government Quietly Releases Dramatic New Recommendations For Combating Climate Change

Posted by Jon Elliott on Tue, Dec 04, 2018

While domestic climate politics in the U.S. and Canada generate hot air about the reality and urgency of climate change, climate science proceeds largely on its own pathways, and climate policies to reduce greenhouse gas (GHG) emissions are being proposed and developed by a wide variety of entities. On November 23 – often referred to as “Black Friday” by retailers and shoppers in the U.S., regardless of their attitudes about global warming – the U.S. government’s U.S. Global Change Research Program (USGCRP) delivered urgent recommendations for aggressive policies. This Fourth National Climate Assessment (NCA4) builds on last year’s Climate Science Special Report (which I wrote about here).

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Tags: Business & Legal, Environmental risks, Environmental, Greenhouse Gas, ghg, climate change

Employment Contracts and Employee Termination Rights

Posted by Jon Elliott on Tue, Nov 27, 2018

The Canada Labour Code and provincial employment standards acts generally specify a minimum notice period before such terminations (the “statutory notice period”), and generally allow the employer to pay compensation to the employee instead of giving the employee notice. (e.g., CLC ss. 54-67) This compensation is usually called “severance pay”; it replaces advance notice of termination. In general, the severance pay must equal the salary and benefits that the employee would have earned if permitted to work until the end of the notice period. Courts interpret and defend these prohibitions against “contracting out” termination benefits.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Canadian, directors, directors & officers

Protecting Workplaces From Combustible Dust

Posted by Jon Elliott on Tue, Nov 20, 2018

On October 24, the US Chemical Safety and Hazard Investigation Board (which uses the truncated acronym CSB) issued a “Call to Action: Combustible Dust” seeking information about what it has long considered a major industrial hazard. Since 1980 CSB has identified hundreds of industrial accidents involving dust that have injured nearly 1000 workers and killed more than one hundred. In 2006 CSB issued 4 formal recommendations to the Occupational Safety and Health Administration (OSHA) to enhance that agency’s regulation of occupational hazards from combustible dust – particularly from possible fires or explosions, with mixed responses.

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Tags: Employer Best Practices, Health & Safety, OSHA, Environmental risks, Environmental

Supreme Court Limits Government Access to Cell Phone Tracking Data

Posted by Eric Robinson on Tue, Nov 13, 2018

We all—well, almost all of us—have devices with us at all times, which track and keep a record of our location. This isn’t some government mandate or a dystopian sci-fi novel. Indeed, we do this willingly, and even pay for both this device and the service that tracks us.

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Tags: Business & Legal, Internet

Are My Machines Guarded To Prevent Injuries?

Posted by Jon Elliott on Tue, Nov 06, 2018

The Occupational Safety and Health Administration (OSHA) and state worker protection agencies require employers to “guard” moving portions of machines and powered equipment, to prevent entanglements, pinches and amputations. OSHA sets general requirements for machine guarding under its Machine Guarding Standard, plus specific requirements for six different types of equipment in separate standards.

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights

Tackling the Gender Pay Gap: Ontario’s Pay Transparency Act, 2018

Posted by Maria Gergin on Tue, Oct 30, 2018

On April 26, 2018, the Ontario government passed the Pay Transparency Act, 2018 (the Act), which created a number of requirements for employers with respect to compensation reporting and disclosure to employees and potential employees, as well as compliance compensation reporting to the government, which the government will then make public.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Canadian, directors, directors & officers

Finding and Correcting Workplace Mold Infestations

Posted by Jon Elliott on Tue, Oct 23, 2018

Summer brought its inevitable share of rain, and even flooding and hurricanes in some places. Residual moisture increases the possibility of mold infestations, which might endanger people in your workplace. The Occupational Safety and Health Administration (OSHA) and state worker protection agencies have longstanding information and recommendations to employers for finding, evaluating and eradicating mold infestations in their workplaces. Recently, the Environmental Protection Agency (EPA) has just updated its mold cleanup as part of its broader initiatives to help employers plan for floods and hurricanes (I wrote about updated hurricane information here). EPA’s approach is narrower than OSHA’s, since it focuses on post-incident activities.

Organizations with facilities that may be subject to routine water infiltration or leaks, or sudden flooding from hurricanes or other events – should consider both sets of information.

Mold Basics

Molds and other fungi are both ubiquitous and plentiful--they have been estimated to make up a quarter of all the biomass on the planet. Molds are found almost everywhere, and can grow on just about any surface, as long as moisture and oxygen are available.

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Tags: Employer Best Practices, Health & Safety, Employee Rights, Environmental risks, Environmental, mold