New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Workplace Illness

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Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Occupational Safety and Health, OSHA, Workplace Illness
Two months ago, many Americans were unfamiliar with the term “Ebola.”  It’s amazing how quickly things can change.  Today, you cannot turn on your television or read a news article without hearing or seeing reference to this medical epidemic. The questions/answers set forth below are intended to assist employers with their own preparedness, as well as… Continue Reading

Appellate Court Holds That Employers Who Hire Undocumented Aliens Are Still Entitled to the Protections of the Workers’ Compensation Law

Posted in Immigration, New York Law, Workplace Illness
On September 26, 2012, the Second Department Appellate Division held that an employer who hires undocumented aliens in violation of the Immigration Reform and Control Act of 1986 ("IRCA") is still shielded by the Workers’ Compensation Law if those employees are injured on the job.… Continue Reading

Appeals Court Holds That Six-Month Statute of Limitations Applies to OSHA Record-Keeping Violations

Posted in Occupational Safety and Health, OSHA, Workplace Illness
In an extremely important decision for employers, the United States Court of Appeals for the D.C. Circuit held that an employer can only be cited by OSHA for up to six months following the occurrence of an error or omission in its injury and illness record-keeping logs.  In so holding, the Court restored the plain… Continue Reading

OSHA Announces National Emphasis Program for Inspecting Nursing Homes and Residential Facilities

Posted in Occupational Safety and Health, OSHA, Workplace Illness
On April 5, the Occupational Safety and Health Administration ("OSHA") announced a new National Emphasis Program ("NEP") for inspecting nursing homes and residential facilities.  This is an important announcement, because for most employers, there are only a few reasons why OSHA may inspect an employer’s worksite:  (1) the worksite’s injury and illness rate places it… Continue Reading