• OSHA Issues Final Rule Withdrawing Mandate That Large Employers Electronically File Data Contained in Their 300 and 301 Forms
  • February 1, 2019
  • Law Firm: - Office
  • It is Almost Time to Post and File Your 300A Forms

    I have not seen anything indicating that the government shut down has stayed the obligation to prepare and post the OSHA 300A forms. So, for employers who are covered by OSHA's recordkeeping rule, it almost time to prepare and post the OSHA Form 300A, "Summary of Work-Related Injuries and Illnesses," (Post by February 1 and keep posted until April 30.) The requirement of completion, certifying, and posting the 300A Form is distinct from the electronic data submission requirement of OSHA's new Electronic Recordkeeping Rule. Employers should not confuse submission of injury and illness data to OSHA electronically with the requirement of certifying and posting the 300A Annual Summary Form. To read the full article, click here.

    OSHA Issues Final Rule Withdrawing Mandate That Large Employers Electronically File Data Contained in Their 300 and 301 Forms

    You may recall that under the Obama Administration, the Department of Labor issued a proposed rule that required companies with 250 or more employees to electronically submit data contained in their OSHA 300 and 301 forms annually. The information, which would contain summaries of employee names and injuries, would be maintained on government computer systems, but could be requested by third parties such as labor unions, special interest groups, or even competing companies who have an interest in such information. Last week OSHA issued a Final Rule which removed the obligation that employers with 250 or more employees electronically file this information. The Final Rule becomes effective on February 25, 2019. Under the Final Rule, covered employers are still required to submit their 300A forms through OSHA's Injury Tracking Application (ITA). To read the full article, click here.

    Louisiana Non-Compete Agreements - Are They Enforceable?

    As someone who has reviewed, drafted and/or litigated hundreds of non-compete agreements in Louisiana over a 25 year span, I am often asked the same question. Are these agreements enforceable in Louisiana? The easy answer is yes, if drafted correctly. Doing so requires compliance with La. R.S. 23:921, the single statute in Louisiana governing the enforceability of these agreements. Failing to comply with the requirements of La. R.S. 23:921 is the "death knell" of your agreement . Continue reading.