U.S. Labor Dept. memos can be reviewed by court
- A U.S. appeals court ruled opinions issued by the U.S. Dept. of Labor in response to employers’ questions about their legal obligations can be reviewed in court.
- The ruling struck down a 2020 memo involving a data-mining firm’s novel employee health insurance plan.
- The 5th U.S. Circuit Court of Appeals said DOL improperly concluded that workers within the software industry were not eligible to participate in an insurance plan regulated by federal law.
- The court also rejected DOL’s assertion that advisory opinions are not a “final agency action” subject to court review.
OSHA launches five-year initiative in mid-Atlantic states
- OSHA launched a regional initiative in three mid-Atlantic states — Pennsylvania, Delaware, and West Virginia — to protect workers and reduce injuries and illnesses.
- The primary focus, which also includes Washington, D.C., is on the warehousing, storage, and distribution yards industries.
- The Bureau of Labor found the warehousing and storage injury rate of 4.8 per 100 is higher than the U.S. average of 2.7 per 100 rate among private industries.
- In addition, from 2017 to 2020, BLS reported 93 work-related fatalities nationally in the industry.
New gun laws can impact workplace management
- Employers should consider reviewing their policies and changes in policy with the new U.S. gun laws.
- Under federal and state laws, employers must have measures in place to keep employees safe at work.
- Employers can be held liable for gun-related injuries or fatalities at the workplace, according to OSHA rules.
- Employers must pay workers’ compensation claims for workers injured by gun violence at the workplace.
Dept. of Labor agent charged with fraud
- Thomas Hartley, a Special Agent from the U.S. Department of Labor, was charged with multiple schemes to commit fraud.
- The United States Attorney’s Office for the Middle District of Pennsylvania is handling the case.
- Among other schemes, Hartley falsely claimed he lost wages as a result of the automobile accident when he was actually suspended from his job without pay.
- Hartley collected approximately $50,000 in lost wage benefits to which he was not entitled.