The Fair Labor Standards Act of 1938 (FLSA) establishes a national minimum wage for most employees engaged in interstate commerce, and requires time-and-one-half pay for overtime worked by most employees. Although the most obvious changes to FLSA requirements occur when Congress raises the minimum wage, other revisions also impose important effects on millions of U.S. workplaces.
Tags: Corporate Governance, Business & Legal, Employer Best Practices, Employee Rights
State law requires the Santa Barbara County Air Pollution Control District to publish a list each year of regulatory measures that may be considered for adoption or amendment during the upcoming calendar year. The District posted its list for 2014 on January 5, 2014, which can be seen below. Before adopting or amending any regulation, the District publishes a notice in a local newspaper and holds a hearing to accept comments from affected businesses and other interested parties.
Tags: Health & Safety, California Legislation, Environmental risks, Environmental, EHS, Greenhouse Gas, ghg, mact, Santa Barbara
In an effort to reduce “significant risk to public safety,” the U.S. Department of Transportation (DOT) now proposes to establish a new Commercial Driver’s License Drug and Alcohol Clearinghouse for drug and alcohol test results for drivers operating under a commercial driver’s license (CDL). The clearinghouse would also track traffic citations for driving while under the influence of alcohol or drugs (DUIs).
Tags: Business & Legal, Employer Best Practices, Health & Safety, Employee Rights, Training, EHS, Transportation
We’re still a long way from the paperless office, but the paperless cab may be upon us. The Federal Motor Carrier Safety Administration (FMCSA) recently adopted a new rule that requires drivers of interstate commercial buses and trucks to record their hours using electronic logging devices (ELDs). According to the administration, widespread use of these devices, also known as electronic onboard recorders, will reduce hours-of-service violations by hampering efforts to misrepresent time put in on the job—and that reduction will result in fewer crashes and fatalities.
Tags: Corporate Governance, Business & Legal, Employer Best Practices, Health & Safety, Employee Rights, Training, EHS, Transportation
The Office of Environmental Health Hazard Assessment (OEHHA) has made a number of changes to the list of chemicals known to the State of California to cause cancer or reproductive toxicity for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
Tags: Health & Safety, California Legislation, Environmental risks, Environmental, EHS, EPA, Hazcom
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Although the federal Securities Acts do not expressly outlaw stock trading that exploits preferential access to “insider” information, the Securities and Exchange Commission (SEC) and courts have applied general language in those Acts to cover these situations. A very recent decision by the federal Court of Appeals for the Second Circuit marks the latest such expansion, in a case holding the “tippee” of insider information liable for profits he helped third parties create by trading on that information (SEC v. Contorinis).
Tags: Corporate Governance, Business & Legal, SEC, SOX
People who are victims of a construction defect will seek as many defendants as possible to recover the costs of repairing and replacing the defects. Sometimes they will file one suit naming every possible defendant. Other times they will attempt to file separate suits against the various categories of defendants thinking it best to divide the defendants and then conquer them independently and thereby avoid excessive litigation costs.
Tags: Corporate Governance, Business & Legal, Health & Safety, Insurance, Insurance Claims
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Prosecutors rely on informants from time to time to identify wrongdoing and “make their cases.” But corporate fraud whistleblowers can face bleak futures: at best they may be ostracized from future promotions, at worst they may be terminated with no favorable recommendation. Section 806 of the Sarbanes-Oxley Act of 2002 (SOA) adds important protections for whistleblowers
Tags: Corporate Governance, Business & Legal, SEC, SOX
The US Environmental Protection Agency (EPA) administers a Worker Protection Standard (WPS) designed to protect workers exposed to agricultural pesticides. WPS is patterned after the Occupational Safety and Health Administration (OSHA's) Hazard Communication Standard (HCS) for workers in most industrial and commercial settings. EPA adopted the WPS in 1992, and just proposed its first revisions on February 20, 2014. Some of these changes incorporate revisions to HCS adopted by OSHA in 2012 (see my earlier blog), while others catch up on two decades of industrial hygiene and worker safety practices. Comments will be due 90 days after the proposal is published, with final approval to follow sometime later.
Tags: Business & Legal, Employer Best Practices, Health & Safety, OSHA, Employee Rights, Environmental risks, Environmental, EPA, Hazcom
In December we saw in this space that a US Environmental Protection Agency inventory showed solid reductions in greenhouse gas (GHG) emissions in recent years. Now EPA has issued its annual Climate Protection Partnerships report, which contains more good news on the emissions front.
Tags: Audit Standards, Health & Safety, EPA, Greenhouse Gas, ghg, Oil & Gas, climate change