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From Our Newsletter

Social Security No Match Letters Are Back! What Does That Mean For You?

In December 2018, the Social Security Administration (SSA) announced that beginning in March 2019, it would begin mailing letters to employers where a name and/or social security number did not match the SSA’s records. These “No Match” letters are not new—they have been around since the 1990s—but they have not been issued since 2012 and […]

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Appellate Court Clarifies Liability for Spoliation of Evidence

The Fifth Circuit Court of Appeals recently provided some clarification regarding potential liability that can result from discarding materials that could be evidence in a lawsuit. In Shamrock-Shamrock, Inc. v. Remark, Case No. 5D18-1987 (Apr. 26, 2019), a land developer sued the City of Daytona Beach and its Planning Board for denying a rezoning petition, allegedly […]

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OSHA Enforcement Set to Increase

On April 3, 2019, Labor Secretary Alexander Acosta testified before a subcommittee of the U.S. House of Representatives on behalf of President Trump and the Department of Labor. In addition to testifying, Acosta submitted a seventeen-page report outlining the Department of Labor’s plans for fiscal year 2020 and beyond. Acosta made a number of statements […]

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Proposed New Overtime Salary Threshold

For the first time since 2004, the Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) that would change the current salary threshold to receive overtime. Currently, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. Under the NPRM, […]

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Summary Judgement Victory from CCL

Our Colorado attorneys, Danielle Maya and Dillon Fulcher, obtained a complete dismissal on summary judgment for one of our clients in a multi-million-dollar construction defect case. The owner complained of water intrusion allegedly caused by lack of proper ventilation between the interior and exterior of the structure. Although the owner’s expert opined that our client […]

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OSHA’s Clarification on Safety Incentive Programs & Post-Incident Drug Testing

In 2016, OSHA issued an anti-retaliation provision prohibiting employers from retaliating against employees for reporting workplace injuries. Since then, employers within the construction industry have been hesitant to implement safety incentive programs and conduct post-incident drug testing for fear of violating the new rule. OSHA recently clarified its position by stating that OSHA “does not […]

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Summary of Florida Senate Bill 674

Bill SB 674 is being proposed by the Florida Senate in the 2019 legislative session. This bill proposal is to amend the already existing Florida Statute 489.113, which governs the qualifications and restrictions for the practice of contracting. Bill SB 674 proposes to amend section 2 of the statute, which allows for non-certified and non-registered […]

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OSHA Flying into the 21st Century with Drones

Early last year, the Occupational Safety and Health Administration (OSHA) announced the start of an all new approach to its safety inspections—through drones. Since its introduction, at least nine inspections were conducted with camera-enabled drones. Of these nine inspections, the majority were used due to hazardous circumstances on-site such as a recent collapse, fire or […]

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In the Midst of an Opioid Crisis, Employers Should Update Employee Manuals

Many employers have a zero-tolerance policy directed at illegal drugs, but most do not have a prescription drug policy in place. Taking prescription drugs is not illegal, making it difficult for employers to institute policies that affect employees’ ability to medicate. Despite this difficulty, the country is currently experiencing an opioid epidemic that some have […]

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OSHA Updates Final Crane Operator Ruling

OSHA’s publication in the Federal Register on November 9, 2018, stated that the new requirements for crane operator certification took effect on December 10, 2018, and the requirements for employers to evaluate/document crane operators will take effect on February 7, 2019. In addition, OSHA declared that the new crane operator certification will be limited to certification based […]

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