Manufacturing Law Blog

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This week’s post is somewhat breathless because so much happened or is about to happen.  You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right hand while their left hand is going about the business of the trick, the parts of the federal government and their state counterparts which were opened continued at a breakneck pace. On the federal…
This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. Last but not least, this week I am providing our predictions for hot topics in environmental, health, and safety compliance, enforcement, and litigation. Emerging Contaminants If you haven’t yet heard of PFAS—per- and polyfluoroalkyl substances—you will. This group of…
As we embark on the sixth year of the Manufacturing Law Blog, we continue our annual tradition of making predictions.  Last week, Matt provided his thoughts and predictions in the labor/employment arena.  This week, I am providing our outlook for corporate compliance and litigation. Contract Management As we have documented in the Blog for the last several years, there has been a shift in the manufacturing community about how to handle contract management.  There…
When it comes to 2019 employment and labor developments for manufacturers, I predict …. much more of the same. The election of President Trump and a Republican controlled House and Senate in November 2016 brought a roll-back back from the aggressive enforcement policies of the Obama administration.  Simply speaking, the Federal Government has limited or overruled regulations impacting the relationship between manufacturers and their employees.  In response to this trend, some states and local municipalities…
Before ringing in the New Year, manufacturers bidding on competitive New York State contracts should keep in mind that after January 1, 2019, entities submitting bids must certify that they have adopted a sexual harassment policy that meets New York State’s mandated minimum standards, and provide annual training for all employees, including those working outside the State of New York.  Adopted by the New York State General Assembly in April 2018, these new requirements become…
These days, it is not uncommon to see drones flying overhead. But employers beware…you might see one during your next workplace inspection. Earlier this year, OSHA issued a memo formalizing its use of drones for inspection activities, and, according to a recent report by Bloomberg Law, it used drones for 9 inspections this year. The memo indicates that OSHA can use drones for a number of purposes, including inspection of inaccessible or unsafe areas, for…
One of the blogs that we really enjoy is the China Law Blog, which is written primarily by Dan Harris of Harris Bricken.  Dan recently wrote a post about the pitfalls of relying on a representation by a non-Chinese company that they own a manufacturing facility in China. As Dan states directly: Here’s the deal. No American or European or Australian company (or any other non-Chinese company) can own a Chinese factory directly. It is…
Before answering that question, manufacturers should ask whether the they host a website where individuals can access information about products and services, view demonstrations, submit requests for price quotes or apply for a job.  If so, then the website may not be handicap accessible. Title III of Americans with Disabilities Act (“ADA”) requires goods, services, privileges or activities provided by places of public accommodation be equally accessible to people with disabilities.  Title I of ADA…
A recent court decision underscores the need for manufacturers to exercise caution when seeking to impose Post-Employment Restrictions on key employees. Manufacturers often seek to bind employees to Post-Employment Restrictions (non-compete, non-solicitation and confidentiality obligations) in order to protect customer lists, pricing information and other confidential or “inside” information which gives them a competitive advantage in the market-place.  While never a ‘first line” of defense, they serve an important role in protecting manufacturers from unfair…
Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. On October 17, 2018, the Occupational Health & Safety Administration (OSHA) announced the creation of the Site-Specific Targeting 2016 (SST-16) Program.  The SST-16 Program will, in part, use employer submitted…