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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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FEATURED NEWS
2026-06-11T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)New JerseyLeaveFamily and Medical Leave Act (FMLA)Time offEnglishLeaveHR ManagementAssociate Benefits & CompensationDisability BenefitsChange NoticesChange NoticeHR GeneralistAssociate RelationsFocus AreaHuman Resources
New Jersey Family Leave Act expanded
Effective date: July 17, 2026
This applies to: Employers with 15 or more employees in New Jersey as of July 17, 2026.
Description of change: More employers will be covered by the law, and more employees will be eligible to take New Jersey Family Leave Act (NJFLA) leave.
On July 17, 2026, employers with 15 or more employees are covered by the law.
Currently, for employees to be eligible for NJFLA job-protected leave, they must have:
- Worked for the employer for at least 12 months, and
- Performed at least 1,000 hours of work in the last 12 months.
The law is changed such that for employees to be eligible for NJFLA, they must have:
- Worked for the employer for at least 3 months, and
- Performed at least 250 hours of work in the preceding 3 months.
Employees who utilize New Jersey Temporary Disability Insurance benefits (TDI) for their own medical needs have additional protections. Employers must restore employees to their position or a position of equivalent seniority, pay, and benefits upon their return.
Employees control the sequence of what form of leave to use, whether TDI, NJFLA, or earned sick leave; thereby allowing stacking of leave. Employers may not dictate the sequence.
View related state info: FMLA – New Jersey
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RECENT INDUSTRY HIGHLIGHTS
2026-06-11T05:00:00Z
NewsDrug and Alcohol TestingDrug and Alcohol TestingMarijuanaSubstance AbuseDisabilities and ADAIn-Depth ArticleUSAHR ManagementEnglishReasonable AccommodationsIndustry NewsHR GeneralistFocus AreaDisabilities and ADAHuman Resources
New landscape: Medical marijuana and the ADA
On April 23, the US Department of Justice (DOJ) rescheduled certain marijuana-related products from Schedule I to Schedule III under the Controlled Substances Act (CSA). The change affected only some marijuana-based products, making them no longer illegal federally. These include:
- Drug products containing marijuana that have been approved by the Food and Drug Administration (FDA), and
- Marijuana that is subject to a state medical marijuana license.
The change doesn’t legalize recreational marijuana, nor does it legalize it in states where medical marijuana isn’t legal. Currently, the FDA has approved one cannabis-derived drug product: Epidiolex (cannabidiol), and three synthetic cannabis-related drug products: Marinol (dronabinol), Syndros (dronabinol), and Cesamet (nabilone). These are available only by prescription.
The ADA
The federal Americans with Disabilities Act (ADA) excludes from its protections individuals who are currently engaging in the illegal use of drugs, as defined by the CSA. Before this change, marijuana was considered an illegal drug, so employees or applicants who used it didn’t have ADA protections. That meant that, if an applicant or employee tested positive, employers could apply their company policies.
Now that some marijuana products fall into Schedule III, employers will need to tread more carefully. Employers can look forward to the years it will take courts to fully sort out how the change applies to them.
Schedule III drugs
Schedule III drugs are those with “moderate to low potential for physical and psychological dependence” and include substances such as opioids, ketamine, and anabolic steroids.
Marijuana is now included in this list, but only if it falls under the accepted categories. Employers are to treat those using it within these categories as they would any Schedule III drug.
Workplace impact
Because state medical marijuana laws often don’t provide explicit workplace protections, this new landscape is likely to increase ADA claims by applicants or employees who have been taken to task at work because of their off-duty medicinal marijuana use.
To avoid the risk of an ADA discrimination claim, employers in states where medical marijuana is legal should treat individuals using it as they would treat any individual using a prescription medication.
In states where medical marijuana isn’t legal, employers need only to consider their ADA obligations for the use of marijuana products approved by the FDA.
Interactive process
Therefore, when applicants or employees ask for a workplace change because of a medical condition, and they lawfully use marijuana for treatment, employers would need to treat it like any other accommodation request, and engage in an interactive process with the employee, with a focus on identifying an effective reasonable accommodation.
Employers still don’t have to allow employees to be under the influence of marijuana at work. No test is yet available, however, to determine whether an employee is under the influence, and therefore, whether the employee's ability to perform their job functions safely and proficiently is impacted by the drug.
Employers should review their related accommodation, drug testing, and discipline policies.
Beginning on June 29, 2026, the DOJ will start hearings to review the broader rescheduling of marijuana, such as for recreational use, from Schedule I to Schedule III.
Key to remember: Employers should keep an eye on the evolving marijuana situation to see if it impacts how they address legal use of medical marijuana, particularly if they base accommodation decisions on use or employment actions on positive tests.
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2026-06-11T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Shortcuts that cut too deep
In 2026, a worker was killed in a warehouse forklift incident after basic safety procedures were skipped. OSHA investigations continue to show the same pattern of workers with serious injury or fatalities when controls are ignored.
Most workplaces are always looking for ways to work smarter and faster. Finding safer, more efficient ways to do a job is often part of good process improvement. The problem starts when a “shortcut” is not really an improvement at all, but a step that skips a check, bypasses a control, or ignores a hazard just to save a few seconds. That kind of shortcut may improve speed, but it also increases exposure to serious risk.
The shortcut mindset
The shortcut mindset is the habit of choosing speed or convenience over the steps that keep work controlled and safe, often without realizing that anything has changed. Shortcuts don’t usually feel dangerous, they just feel faster and easier. It might be stepping over a hose instead of moving it, using the top step “just for a second,” squeezing through a tight aisle, or brushing off a quick inspection.
On their own, these choices seem harmless. However, over time, they change how work is done. They remove the steps that were keeping the task under control, increasing the chance of slips, falls, contact with equipment, or other common injuries.
A big part of this mindset is familiarity. People rely on how things looked earlier to assume it’s still safe. Shortcuts make that gap even bigger, because they eliminate the moment when people would stop and check. What felt safe an hour ago may not be safe now.
What’s driving cutting corners?
These decisions aren’t random, they’re usually driven by real conditions in the workplace. Heat drains energy, cold makes everything feel slower, and long shifts wear people down. Throw in deadlines or the push to get the task done and move on to the next, and it’s easy to start cutting corners without even realizing it. In those moments, workers are more likely to skip steps, overlook hazards, or rely on routine instead of checking the conditions in front of them.
Control beats convenience
Shortcuts trade control for speed, and that trade rarely works out. In many of the incidents that OSHA investigates, the issue isn’t a new hazard, it’s a step that was skipped, a condition that wasn’t checked, or a control that wasn’t used. Preventing dangerous shortcut behavior starts with reinforcing habits that keep critical safety steps from being skipped in the first place:
- Keep work areas clear before starting the task, so there’s no reason to step over hoses, materials, or obstacles instead of removing them;
- Use tools and equipment the way they’re designed, rather than improvising or taking a quicker route that bypasses built-in protections;
- Pause and check conditions each time you start a task, even if you’ve done it before, instead of relying on how things looked earlier;
- Watch for small changes during the shift, like tighter aisles, slick floors, or moved materials that can turn a routine task into a hazard; and
- Stop and speak up when something feels off, instead of pushing through just to keep things moving.
Key to remember: Shortcuts can remove the steps that keep routine work safe. Taking a few extra seconds to check conditions, follow the process, and stay aware of changes can prevent a shortcut from becoming an injury.
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2026-06-11T05:00:00Z
NewsIndustry NewsIndustry NewsElectronic logging device (ELD)Electronic logging device (ELD)Focus AreaFleet OperationsEnglishTransportationUSA
Last chance to replace your ELDs: 12 total removed from FMCSA’s list
A total of 12 devices were recently removed from the FMCSA’s list of registered electronic logging devices (ELDs).
On May 20, 2026, the following ELDs were removed for not meeting the minimum requirements in 49 CFR 395, Subpart B, Appendix A:
- 888 ELD
- DRAGON E
- ACTION ELD
- Mondo ELD HOS
- FIRST ELD
- FIRST ELD V2.0
- MTL ELD
- USPower ELD
- Sam Freight ELD
- DSGELOGS
- COBRA ELD
- GT USA ELOGS
The Federal Motor Carrier Safety Administration (FMCSA) has moved these devices to its “revoked devices” list.
Carriers and drivers have until the end of next week on July 20, 2026, to replace them with compliant ELDs.
Many ELD providers remove their devices from the list voluntarily, but the FMCSA has the authority to remove any ELD that does not comply with regulations.
Next steps for commercial carriers
Commercial carriers and drivers who use the above-listed devices must stop using the devices and switch to paper logs or logging software to record their hours of service.
In addition, they must replace the devices with ELDs listed on the FMCSA’s ELD registry and begin using those compliant devices before the posted dates.
ELD providers who correct device deficiencies can be placed back on the list of registered devices. The FMCSA will inform the industry when revoked devices are compliant again.
ELD compliance standards
During the 60-day replacement period, the FMCSA has instructed safety officials to review affected drivers’ hours-of-service data using logging software, paper logs, or the ELD display.
After July 20, respectively, any motor carrier that continues to use the revoked devices will be considered operating without an ELD. Drivers will be placed out of service and cited for “No record of duty status” (395.8(a)(1)).
Review the full list of registered devices at https://eld.fmcsa.dot.gov/List.
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2026-06-10T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
Will the World Cup trigger more FMLA usage (or leave abuse)?
Eleven U.S. cities, including Kansas City, Boston, and Seattle, are hosting World Cup games this year, which run from June 11 to July 19. Many fans might want to take some time off from work to watch the games, either in person or on television. Employers might want to be prepared, particularly if employees appear to use leave under the federal Family and Medical Leave Act (FMLA) to watch the games.
Employers should, however, ensure they don’t run afoul of the FMLA and grant leave to employees who take it for a qualifying reason.
In light of this, the U.S. Department of Labor (DOL) issued a recent announcement stating: “The Department of Labor is here to support employers in each of the U.S. cities hosting World Cup games.”
The DOL also said it encourages employers that identify certain FMLA violations to use the Payroll Audit Independent Determination (PAID) program to correct mistakes and provide appropriate compensation and remedies for affected employees.
One of an employer’s best practices for avoiding FMLA leave abuse when employees take FMLA leave for a medical reason is the certification. It should tell employers when to expect the employee to need time off.
If an employee takes substantially more leave than the certification indicates, the employer may ask for a recertification. Employees have at least 15 calendar days to get a completed certification back to the employer, but if the employer learns that an employee took time off for a reason that didn’t qualify for FMLA leave, the employee loses those job protections. The employer could, then, apply its company policies to unauthorized leave, which could lead to employee discipline, up to and including termination.
Employers might want to double down on reviewing the information in certifications if employees appear to be abusing FMLA leave during the World Cup.
Key to remember: Major events like the 2026 World Cup can trigger additional FMLA issues, so employers should be prepared.
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2026-06-10T05:00:00Z
NewsIndustry NewsEnglishEye and Face ProtectionPersonal Protective EquipmentSafety & HealthConstruction SafetyFall ProtectionWalking Working SurfacesFall Protection for ConstructionIn-Depth ArticleLaddersScaffolding and Mobile Work Platform SurfacesFocus AreaUSA
Top 5 construction violations for small employers
For smaller construction employers (those with fewer than 100 employees), understanding where violations most often occur can help focus limited resources on the controls and work practices that protect employees and prevent costly surprises during an inspection. The top five most frequently cited OSHA standards are:
- 1926.501 – Duty to have fall protection
- 1926.1053 – Ladders
- 1926.503 – Fall protection – Training requirements
- 1926.451 – Scaffolds - General requirements
- 1926.102 – Eye and face protection
*Data reflect citations from October 2024 through September 2025, for employers covered by federal OSHA.
Fall protection for construction
Most construction companies must follow some provisions of the fall protection rule at 29 CFR 1926 Subpart M. It sets a threshold height of six feet, meaning that employers must protect employees from fall hazards and falling objects whenever an affected employee is six feet or more above a lower level. Although not all employees may be working at such a height, they might need protection from falling objects.
Protection must also be provided for construction workers who are exposed to the hazard of falling onto dangerous equipment; for example, working over machinery with open drive belts, pulleys or gears, or open vats of degreasing agents or acid.
Initially, employers must assess the workplace to determine if walking-working surfaces have the necessary strength and structural integrity to safely support workers. Once it’s determined that the work surfaces will safely support the work activity, the employer must determine whether fall protection is required per 1926.501. If fall protection is required, select and provide workers with fall protection systems that comply with the criteria at 1926.502.
A competent person, as defined in 1926.503, must train employees to recognize fall hazards and how to minimize them. Employers must keep a written certification record of training that contains the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer, the certification record must indicate the date the employer determined the prior training was adequate rather than the date of actual training.
Ladders
When working from a ladder, the fall protection is setting up and using the ladder correctly per the regulations at 1926 Subpart X—Stairways and ladders. Safe ladder use is outlined in 1926.1053(b). There is no other fall protection required for ladders.
When portable ladders are used for access to an upper landing surface, the ladder side rails must extend at least three feet above the upper landing surface to which the ladder is used to gain access. Other common violations are using the top step of a ladder as a step and using ladders for other than their intended purpose.
Scaffolds
Scaffold-related fatalities account for a significant number of fatalities at construction jobsites. OSHA’s standard at 1926 Subpart L sets performance-based criteria to protect employees from scaffold-related hazards such as falls, falling objects, structural instability, electrocution, or overloading. It also addresses training and various types of scaffolds, as well as falling object protection, ladders, weather conditions, aerial lifts, and stilts.
Eye and face protection
Eye or face protection must be provided to employees exposed to flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. OSHA requires many categories of personal protective equipment (PPE) to meet or be equivalent to standards developed by the American National Standards Institute (ANSI).
Employee training must include an explanation of hazard exposures, proper use and fit of PPE, and proper maintenance and storage procedures.
Key to remember: Falls, ladders, scaffolds, PPE, and training issues drive the top violations for small construction employers. Proactively addressing these areas can help employers protect employees and avoid costly penalties.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.