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Eleventh Circuit Affirms Warrant Quash: OSHA 300 Logs Alone Not "Probable Cause"

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In a decision, USA v. Mar-Jac Poultry, Inc., published October 9, 2018, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed a District Court decision quashing an inspection warrant that the Occupational Safety and Health Administration (OSHA) had sought to expand a limited incident inspection to a “wall-to-wall” examination ...
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Poultry Processing Plants and Anti-Terrorism Regulations

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The Department of Homeland Security (DHS) promulgated regulations in 2007 for the purpose of preventing access by terrorists to chemical facilities that manufacture, store or use chemicals of interest (COI).  The regulations are titled “Chemical Facility Anti-Terrorism Standards” and can be found at 6 C.F.R. Part 27. Poultry processing companies are subj...
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ICE Conducts "Old-Fashioned" Raid of Tennessee Meat Packing Plant

ICE Conducts "Old-Fashioned" Raid of Tennessee Meat Packing Plant

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Immigration & Customs Enforcement (ICE) officials on April 5, 2018 conducted a "raid" on a meat packing plant in Bean Station, Tennessee, near Knoxville.  One distinction between a "raid" and an "inspection" is that a raid is accompanied by a warrant that requires immediate access to the property.  An inspection or audit in contrast begins when a busi...
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DOL Launches Pilot Program Allowing Employers to Resolve Payroll Errors Without Fees or Penalties

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On March 6, 2018, the Wage and Hour Division of the U.S. Department of Labor (WHD) announced a pilot program designed to expedite resolution of payroll errors.  Dubbed with the convenient acronym PAID, the Payroll Audit Independent Determination program will allow employers to correct inadvertent overtime and minimum wage violations without having to pay ...
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OSHA ALERT: Happy New Year - OSHA Penalties Increase

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Effective immediately, the U.S. Department of Labor raised Occupational Safety and Health Administration (OSHA) penalties by 2%.  In a notice published in the Federal Register on Tuesday, January 2, 2018 (Vol. 83, No. 1).  DOL said it was increasing 2018 penalties to comply with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015...
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Labor Department Withdraws Obama-Era Guidance that Sought to Expand Joint Employment

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In a June 7, 2017 news release, U.S. Secretary of Labor (DOL) Alexander Acosta announced the withdrawal of informal guidance issued in 2015 and 2016 on joint employment and independent contractors.  No statutes or regulations are repealed or amended, and case law isn’t affected, but the change means that DOL is abandoning the previous Administration’s exp...
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Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers

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Should an employer adopt an electronic I-9 system?  If so, how should an employer go about selecting an electronic I-9 software provider?
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Supreme Court Addresses Wage-Hour Collective Actions and Statistical Proof in Tyson Case

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On March 22, 2016, the U.S. Supreme Court affirmed a lower court decision which found Tyson Foods liable for a $2.9 million damage claim relating to overtime pay for time spent donning and doffing protective equipment.  The case was brought as a "collective" action under federal wage-hour laws but as a "class action" and under applicable state law.  Tyson...
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OSHA Regional Emphasis Program for Poultry Processing Facilities

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On December 3, 2015, representatives from OSHA Region 4 (Atlanta) and Region 6 (Dallas) and representatives of the poultry industry meet at Georgia Tech to discuss the Regional Emphasis Program (REP) for Poultry Processing.  Presenters included Kurt Petermeyer, the Regional Administrator for Region 4, several Deputy Regional Administrators from Regions 4 ...
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OSHA ALERT: OSHA Regional Emphasis Program Targets Southeastern Poultry Processing Facilities

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On October 26 and 27, 2015, OSHA's Atlanta and Dallas offices announced new regional emphasis programs focused on chicken processing facilities.  This program will affect employers in Regions 4 and 6, which cover an area stretching from the Arizona state line in the west to the eastern seaboard, as far south as Key West, and as far north as Kentucky. 
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DOL Proposes to Increase Salary Threshold for Overtime Exemption: Will It Raise Wages or Cut Hours?

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On June 30, 2015, the U.S. Department of Labor announced a notice of proposed rulemaking (NPRM) which proposes to more than double the current salary threshold for the executive, administrative, and professional (EAP) exemptions to overtime.  The proposal aims to plug a gap that some claim has caused many lower-level managers to be unfairly deprived of ov...
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