It is a normal Friday morning. The workplace is slowing down for the weekend, and most of management is off work for a long weekend. About 9:00 a.m. you are notified that a visitor has arrived in HR – you aren’t expecting a visitor – is it a vendor trying to sell you something? NO – it is an OSHA inspector?!?!?!?! What do you do if an OSHA inspector shows up to your workplace? This article will provide you with some tips to be prepared when this occurs.
On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision to vacate the Hy-Brand ruling came on the heels of the determination by the NLRB’s Designated Agency Ethics Official with the Office of the Inspector General that NLRB Member William Emanuel is, and should have been, disqualified from participating in the Hy-Brand proceeding.
Wellness programs in the workplace are generally based on the belief that as employees lose weight, stop smoking, eat more healthfully, and lower their cholesterol, their employer will reap a drop in absenteeism and health care costs. With that hope in mind, employers are often willing to offer a financial reward to encourage employees’ participation. The Equal Employment Opportunity Commission (“EEOC”) has long been concerned about whether the financial reward offered makes such wellness programs “involuntary” such that the wellness programs fail to comply with the Americans with Disabilities Act (“ADA”) and/or the Genetic Information Nondiscrimination Act (“GINA”). Previous S&J blog posts have reported the EEOC’s actions with respect to wellness programs over the years, including the EEOC’s issuance of final ADA and GINA regulations addressing wellness programs. Those regulations have been challenged in court by the AARP, and you can expect changes in the regulations as a result. This post will bring you up to speed on the litigation and what you should watch for going forward.