Wyatt Employment Law Report


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OSHA 300 Form Must be Posted by February 1, 2014 For Many Employers

By Edwin S. Hopson

It is that time of year again!

Most employers, with some exceptions (such as those with 10 or fewer employees during all of the previous year), must post their OSHA 300 log from February 1, 2014 to April 30, 2014 “in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material,” per OSHA regulations.

Injury and illness recordkeeping forms must be maintained on a calendar year basis.  In addition, they must be retained for 5 years at the establishment and must be available for inspection by representatives of OSHA, or appropriate state agency, which in Kentucky is the Kentucky OSH Program. To review the industries/establishments that are exempt from having to even fill out the form take a look at:

SIC Code

Industry

525

Hardware Stores

542

Meat and Fish Markets

544

Candy, Nut, and Confectionery Stores

545

Dairy Products Stores

546

Retail Bakeries

549

Miscellaneous Food Stores

551

New and Used Car Dealers

552

Used Car Dealers

554

Gasoline Service Stations

557

Motorcycle Dealers

56

Apparel and Accessory Stores

573

Radio, Television, & Computer Stores

58

Eating and Drinking Places

591

Drug Stores and Proprietary Stores

592

Liquor Stores

594

Miscellaneous Shopping Goods Stores

599

Retail Stores, Not Elsewhere Classified

60

Depository Institutions (banks & savings institutions)

61

Nondepository Institutions(credit institutions)

62

Security and Commodity Brokers

63

Insurance Carriers

64

Insurance Agents, Brokers, & Services

653

Real Estate Agents and Managers

654

Title Abstract Offices

67

Holding and Other Investment Offices

722

Photographic Studios, Portrait

723

Beauty Shops

724

Barber Shops

725

Shoe Repair and Shoeshine Parlors

726

Funeral Service and Crematories

729

Miscellaneous Personal Services

731

Advertising Services

732

Credit Reporting and Collection Services

733

Mailing, Reproduction, Stenographic Services

737

Computer and Data Processing Services

738

Miscellaneous Business Services

764

Reupholstery and Furniture Repair

78

Motion Picture

791

Dance Studios, Schools, and Halls

792

Producers, Orchestras, Entertainers

793

Bowling Centers

801

Offices & Clinics Of Medical Doctors

802

Offices and Clinics Of Dentists

803

Offices Of Osteopathic Physicians

804

Offices Of Other Health Practitioners

807

Medical and Dental Laboratories

809

Health and Allied Services,Not Elsewhere Classified

81

Legal Services

82

Educational Services (schools, colleges,universities and libraries)

832

Individual and Family Services

835

Child Day Care Services

839

Social Services, Not Elsewhere Classified

841

Museums and Art Galleries

86

Membership Organizations

87

899

Engineering, Accounting, Research,Management, and Related Services

Services, not elsewhere classified


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NLRB Notice Posting Regulation is Dead

By Edwin S. Hopson

Previously, the U.S. Court of Appeals for the D.C. Circuit in National Association of Manufacturers et al. v. National Labor Relations Board, et al., __ F.3d __, Civil Nos. 12-5068, 12-5138 (D.C. Cir. 2013), had invalidated the NLRB’s regulation issued in 2011 requiring all employers (whether they had a union or not) subject to the National Labor Relations Act (NLRA), estimated at some 6 million businesses, to post an NLRB notice to employees regarding employee rights under the NLRA.  On September 4, 2013, that court denied a petition by the NLRB for rehearing in the case. The time for seeking U.S. Supreme Court review has now passed with no appeal by the NLRB.

According to a recent Huffington Post news report, the NLRB has decided not to fight this battle any further.  Also quoted in the Huffington Post report was the President of the National Association of Manufacturers, who stated:

“Manufacturers start off the new year with great news in our fight against an overreaching NLRB. This is the culmination of the NAM’s aggressive legal pursuit against a government-imposed regulation that would create a hostile work environment while injecting politics into manufacturers’ day-to-day business operations.”


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NLRB’s Notice-Posting Rule Finally Rejected By Two Courts of Appeals

By Edwin S. Hopson

Previously, the U.S. Court of Appeals for the D.C. Circuit in National Association of Manufacturers et al. v. National Labor Relations Board, et al., __ F.3d __, Civil Nos. 12-5068, 12-5138 (D.C. Cir. 2013), had invalidated the NLRB’s regulation issued in 2011 requiring all employers subject to the National Labor Relations Act (NLRA), estimated at some 6 million businesses, to post an NLRB notice to employees regarding employee rights under the NLRA.  On September 4, 2013, that court denied a petition by the NLRB for rehearing in the case.

In addition, the Fourth Circuit Court of Appeals in Chamber of Commerce v. NLRB, __ F.3d __,  Civil No. 12-1757 (4th Cir. 2013), had ruled against the NLRB on the challenge to its notice-posting rule, and, on August 13, 2013, refused to rehear its decision in that case.

The only option left, should the NLRB wish to revive its notice posting rule, is to appeal these cases to the U.S. Supreme Court.


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OSHA 300 Log Must Be Posted by February 1, 2013 For Many Employers

By Edwin S. Hopson

It is that time of year again!

Most employers, with some exceptions (such as those with 10 or fewer employees during all of the previous year), must post their OSHA 300 log from February 1, 2013 to April 30, 2013 “in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material,” per OSHA regulations. 

Injury and illness recordkeeping forms must be maintained on a calendar year basis.  In addition, they must be retained for 5 years at the establishment and must be available for inspection by representatives of OSHA, or appropriate state agency, which in Kentucky is the Kentucky OSH Program. To review the industries/establishments that are exempt from having to even fill out the form take a look at:

SIC Code

Industry

525

Hardware Stores

542

Meat and Fish Markets

544

Candy, Nut, and Confectionery Stores

545

Dairy Products Stores

546

Retail Bakeries

549

Miscellaneous Food Stores

551

New and Used Car Dealers

552

Used Car Dealers

554

Gasoline Service Stations

557

Motorcycle Dealers

56

Apparel and Accessory Stores

573

Radio, Television, & Computer Stores

58

Eating and Drinking Places

591

Drug Stores and Proprietary Stores

592

Liquor Stores

594

Miscellaneous Shopping Goods Stores

599

Retail Stores, Not Elsewhere Classified

60

Depository Institutions (banks & savings institutions)

61

Nondepository Institutions(credit institutions)

62

Security and Commodity Brokers

63

Insurance Carriers

64

Insurance Agents, Brokers, & Services

653

Real Estate Agents and Managers

654

Title Abstract Offices

67

Holding and Other Investment Offices

722

Photographic Studios, Portrait

723

Beauty Shops

724

Barber Shops

725

Shoe Repair and Shoeshine Parlors

726

Funeral Service and Crematories

729

Miscellaneous Personal Services

731

Advertising Services

732

Credit Reporting and Collection Services

733

Mailing, Reproduction, Stenographic Services

737

Computer and Data Processing Services

738

Miscellaneous Business Services

764

Reupholstery and Furniture Repair

78

Motion Picture

791

Dance Studios, Schools, and Halls

792

Producers, Orchestras, Entertainers

793

Bowling Centers

801

Offices & Clinics Of Medical Doctors

802

Offices and Clinics Of Dentists

803

Offices Of Osteopathic Physicians

804

Offices Of Other Health Practitioners

807

Medical and Dental Laboratories

809

Health and Allied Services,Not Elsewhere Classified

81

Legal Services

82

Educational Services (schools, colleges,universities and libraries)

832

Individual and Family Services

835

Child Day Care Services

839

Social Services, Not Elsewhere Classified

841

Museums and Art Galleries

86

Membership Organizations

87

Engineering, Accounting, Research,Management, and Related Services

899

Services, not elsewhere classified


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Federal Court of Appeals Blocks NLRB’s Notice Posting Rule

By Edwin S. Hopson

The Washington Post, quoting from a story by the Associated Press, reported on Tuesday, April 17, 2012, that the U.S. Court of Appeals for the District of Columbia Circuit had “temporarily blocked the National Labor Relations Board from making millions of businesses put up posters informing workers of their right to form a union.” The court of appeals is reviewing an appeal of an earlier ruling by a U.S. District Judge for the District of Columbia upholding the notice posting regular, in part. 

The NLRB rule requiring all private employers subject to the jurisdiction of the NLRB to display the posters was take effect on April 30, 2012.  However, the court ruled that can’t be implemented until the legal challenges to regulation are resolved.


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Federal Judge Overturns NLRB’s Notice Posting Rule Set to Go Into Effect April 30, 2012

By Edwin S. Hopson

On April 13, 2012, U.S. District Judge David C. Norton of the U.S. District Court for South Carolina, ruled in an action brought by the U.S. Chamber of Commerce and others that the National Labor Relations Board’s notice posting rule set to go into effect April 30, 2012, was  “unlawful under the [Administrative Procedure Act] … 5 U.S.C. § 706….”  This rule was applicable to all private employers subject to the National Labor Relations Act.  The ruling conflicts with an earlier ruling by the U.S. District Court for the District of Columbia upholding in part the NLRB’s notice posting rule.

Judge Norton’s decision may be viewed at :

http://www.chamberlitigation.com/sites/default/files/cases/files/2011/Chamber%20v.%20NLRB%20%28Posting%20Rule%29%20%28Opinion%29.pdf


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OSHA 300 Log Must Be Posted by February 1, 2012

By Edwin S. Hopson

It is that time of year again!

Most employers, with some exceptions (such as those with 10 or fewer employees during all of the previous year), must post their OSHA 300 log from February 1, 2012 to April 30, 2012 “in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material,” per OSHA regulations. 

Injury and illness recordkeeping forms must be maintained on a calendar year basis.  In addition, they must be retained for 5 years at the establishment and must be available for inspection by representatives of OSHA, or appropriate state agency, which in Kentucky is the Kentucky OSH Program. To review the industries/establishments that are exempt from having to even fill out the form take a look at:

SIC Code Industry
525 Hardware Stores
542 Meat and Fish Markets
544 Candy, Nut, and Confectionery Stores
545 Dairy Products Stores
546 Retail Bakeries
549 Miscellaneous Food Stores
551 New and Used Car Dealers
552 Used Car Dealers
554 Gasoline Service Stations
557 Motorcycle Dealers
56 Apparel and Accessory Stores
573 Radio, Television, & Computer Stores
58 Eating and Drinking Places
591 Drug Stores and Proprietary Stores
592 Liquor Stores
594 Miscellaneous Shopping Goods Stores
599 Retail Stores, Not Elsewhere Classified
60 Depository Institutions (banks & savings institutions)
61 Nondepository Institutions(credit institutions)
62 Security and Commodity Brokers
63 Insurance Carriers
64 Insurance Agents, Brokers, & Services
653 Real Estate Agents and Managers
654 Title Abstract Offices
67 Holding and Other Investment Offices
722 Photographic Studios, Portrait
723 Beauty Shops
724 Barber Shops
725 Shoe Repair and Shoeshine Parlors
726 Funeral Service and Crematories
729 Miscellaneous Personal Services
731 Advertising Services
732 Credit Reporting and Collection Services
733 Mailing, Reproduction, Stenographic Services
737 Computer and Data Processing Services
738 Miscellaneous Business Services
764 Reupholstery and Furniture Repair
78 Motion Picture
791 Dance Studios, Schools, and Halls
792 Producers, Orchestras, Entertainers
793 Bowling Centers
801 Offices & Clinics Of Medical Doctors
802 Offices and Clinics Of Dentists
803 Offices Of Osteopathic Physicians
804 Offices Of Other Health Practitioners
807 Medical and Dental Laboratories
809 Health and Allied Services,Not Elsewhere Classified
81 Legal Services
82 Educational Services (schools, colleges,universities and libraries)
832 Individual and Family Services
835 Child Day Care Services
839 Social Services, Not Elsewhere Classified
841 Museums and Art Galleries
86 Membership Organizations
87 Engineering, Accounting, Research,Management, and Related Services
899 Services, not elsewhere classified