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2026-08-25T05:00:00Z
Accurate food labeling: A critical defense against undeclared allergens and recalls
“Undeclared allergens” are allergenic ingredients that are present in a food product but are not identified on the product label. Because they can pose serious health risks, undeclared allergens are a leading cause of food recalls. They can occur when an allergen is accidentally omitted from the ingredient statement or the wrong label is applied to a product. Another source is allergen cross-contact during production that results in the unintended presence of an allergen in the finished product.
According to a statistic shared at a 2026 Food Safety Summit food allergens workshop, labeling and packaging errors account for approximately 50 percent of allergen-related incidents. This statistic highlights the essential role that accurate labels play in protecting consumers with food allergies.
The 9 major food allergens
Food allergies can have serious health consequences. The Food Allergy Research & Education (FARE) organization explains that food-allergic reactions result in about 200,000 emergency department visits in the U.S. each year, underscoring the importance of accurate labeling and effective allergen control.
Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), a major food allergen is defined as:
- Milk, eggs, fish, crustacean shellfish (e.g., crab, shrimp, and lobster), tree nuts (e.g., almonds, walnuts, and pecans), peanuts, wheat, soybeans, and sesame; or
- A food ingredient that contains protein derived from any of the major allergens.
The Food and Drug Administration (FDA) enforces FALCPA for most packaged foods. However, meat, poultry, and certain processed egg products (liquid, frozen, and dried) fall under the jurisdiction of a different agency, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS).
Labeling requirements under FDA and USDA/FSIS
Federal regulations generally require foods containing two or more ingredients to include a statement listing ingredients by their common or usual names in descending order of predominance by weight.
Labels on both FDA- and USDA/FSIS-regulated foods must provide key information about the product, including its identity, net quantity of contents, ingredients, the responsible firm’s name and address, and nutrition information unless an exemption applies.
In addition, labels on FSIS-regulated foods must contain:
- Official inspection legend and establishment/plant number, and
- Special handling instructions when required for the product.
Allergen labeling
Allergen labeling requirements hinge on which agency covers the product.
FDA-regulated products must identify, in plain language, the presence of any of the nine major food allergens when they’re used as ingredients. This can be done in one of three ways:
- In the ingredient list, using the allergen’s common name;
- In parentheses following the name of the ingredient, e.g., lecithin (soy) and flour (wheat);
- Immediately after or next to the list of ingredients in a “contains” statement, e.g., “Contains wheat, milk, and soy.”
USDA/FSIS, on the other hand, requires that all ingredients, including those consisting of or containing major allergens, be declared by their common or usual names in the USDA/FSIS-regulated product’s ingredient statement. FSIS also encourages the use of a “contains” statement and other clear allergen-identification practices to help consumers easily recognize the presence of allergens in meat, poultry, and liquid, dried, or frozen egg products.
Key to remember: Accurate allergen labeling supports a stronger culture of food safety and transparency and is essential for protecting consumers with food allergies.
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2026-08-25T05:00:00Z
NewsIndustry NewsBusiness planning - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
Expert Insights: Action required — How scammers are targeting motor carriers
Picture this: You receive an email that warns that your MCS-150 is out of date and you’re about to be shut down, but you can update it “here,” with a link to a website that asks for sensitive information and a credit card number. What do you do?
These messages aren’t new, but there has been an uptick in scams and predatory business practices around MCS-150 updates since the transition to Motus.
Protecting yourself and your company
FMCSA has clearly warned that official communications will come from a .gov email address, not private domains, and that look‑alike or third‑party domains are a common tactic used in fraudulent outreach. Separately, FMCSA has issued multiple fraud alerts noting that scammers and third‑party marketers are sending emails that create urgency around authority issues (like revocations, missing filings, or compliance lapses) and then directing carriers to click links or pay for services.
Watch out for the following red flags when reading these messages:
- Non-government email domains or sender addresses that appear slightly altered;
- Embedded links directing users to unfamiliar login pages;
- Unexpected requests for payment, especially those tied to threats or deadlines;
- Attachments that claim to be compliance documents or renewal notices; and Spelling or formatting inconsistencies, even in otherwise professional looking messages.
What to do if you receive suspicious messages
Simply receiving these messages is not a cause for concern — so long as you do not interact. Instead, you should:
- Avoid clicking links in unsolicited emails, especially those requesting payment or personal data;
- Log in directly to official FMCSA or USDOT portals rather than using email links; and
- Report suspicious emails to the appropriate fraud reporting channels.
Scammers vs. third-party service providers
It is important to note that not every message along these lines comes from a scammer. There are also companies out there looking to help you stay compliant. These companies are called third-party service providers, and they may charge a fee to help motor carriers complete filings, monitor compliance deadlines, or manage updates such as the MCS-150.
Finding a trustworthy third-party service provider
Utilizing an external company to assist with compliance can be a game-changer for many carriers. But how do you know who to trust? Transparency is key. A legitimate provider will clearly explain:
- What service is being performed,
- What the fee covers, and
- That the carrier has the option to complete certain filings directly through FMCSA at no cost.
Be cautious of any company that makes the message look like an official government notice; creates pressure with threats of immediate shutdown; or asks for payment, login credentials, or sensitive company information without clearly identifying who they are and what service they are providing.
Key to remember: Motor carriers should treat unsolicited MCS-150, DOT number, or operating authority messages with caution. Verify requests through official FMCSA channels before interacting with these messages in any way.
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2026-08-24T05:00:00Z
NewsIn-Depth ArticleUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsWage and HourWage and HourHours WorkedHR GeneralistFair Labor Standards Act (FLSA)Non-Exempt employees OvertimeFocus AreaHuman Resources
What is the ‘regular rate of pay’ and why does it matter?
Under the federal Fair Labor Standards Act (FLSA), employers must pay nonexempt, “hourly” employees at least the federal minimum wage for all hours worked. They must also pay nonexempt employees overtime at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. The “regular rate of pay” is important in determining how much overtime an employee is paid.
Employers must base the amount of overtime pay due to an employee on an employee’s regular rate of pay and the number of hours worked in a workweek.
Even though employers may determine earnings on a piece-rate, salary, commission, or some other basis, in all such cases, employers must calculate overtime pay based on the average hourly rate resulting from such earnings.
Calculating the regular rate
Employers calculate the regular rate by dividing the total pay (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate.
The formula for figuring out the regular rate is:
Total compensation in the workweek (except for statutory exclusions) ÷ Total hours worked in the workweek = regular rate for the workweek.
If, for example, an employee is paid $20 per hour and he worked 45 hours one week. The total straight time pay is $900. The overtime premium rate is $10 per hour. That means the additional overtime premium is $50, the full overtime rate (1.5x) is $30 per hour, and the gross pay is $950.
The regular rate of pay is based upon facts and may not be circumvented by an agreement.
The regular rate may also not be lower than the federal hourly minimum wage or a state or local minimum wage rate that’s higher than the federal rate.
If the regular rate is higher than the federal FLSA minimum wage, employers must calculate overtime using the higher regular rate.
One of the most common payroll mistakes is when employers multiply only the base wage by 1.5 when the legal overtime base is higher.
Excluded payments
The FLSA has an exhaustive list of types of payments that can be excluded from the regular rate of pay when calculating overtime compensation. Unless specifically noted, employers may not exclude payments from the regular rate nor credit them toward overtime compensation due.
FLSA excludable payments include such examples as:
- Gifts and payments, like gifts on special occasions
- Payments for occasional periods when no work is performed due to vacation, holidays, or illness; reimbursable business expenses; and other similar payments
- Some discretionary bonuses
- Profit-sharing plans
- Employer contributions to benefit plans
- Premium payments for non-FLSA overtime
- Stock options
Why this matters
The reason employers need to know how to calculate an employee’s regular rate of pay is that, if they do it wrong, it can end up costing them hundreds or thousands of dollars in back pay, damages, court fees, etc.
And if the errors happened to more than one employee, these figures could increase and also impact company branding and morale.
Key to remember: An employee’s overtime rate isn't just based on their base wage. The FLSA requires a “regular rate of pay.”
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2026-08-24T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
FMLA leave for menopause-related symptoms
States have begun passing a new kind of employment law. Effective January 1, 2027, Illinois employees with menopause-related conditions will have workplace protections under the Illinois Human Rights Act (IHRA). Rhode Island started this trend when it became the first state to enact such a law in 2025.
According to a Society for Human Resource Management (SHRM) survey, the percentage of employers offering menopause support or resources jumped from 18 percent last year to 27 percent this year. Such benefits include menopause-specific paid leave to help employees manage their condition. Menopause costs employers an estimated $1.8 billion in lost work time per year, according to a 2023 Mayo Clinic study.
All this might have employers wondering whether employees may take leave under the federal Family and Medical Leave Act (FMLA) for menopause-related symptoms.
The answer is YES, in some circumstances.
Is menopause an FMLA-qualifying condition?
The FMLA doesn’t have a list of conditions or symptoms that entitle eligible employees to FMLA leave. Employers must consider whether a condition meets the law’s definition of a serious health condition. That information can be gathered when employers ask for a certification supporting leave.
An FMLA serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Inpatient care generally refers to an overnight stay in a health care facility (like a hospital).
A menopause-related serious health condition involving continuing treatment can include the following:
- A period of incapacity of more than 3 consecutive, full calendar days, and any subsequent treatment.
- Any period of incapacity (or treatment for) a chronic serious health condition requiring treatment at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
- A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
- Any period of absence to receive multiple treatments or a condition that would likely result in a period of incapacity of more than 3 consecutive, full calendar days in the absence of treatment.
Given the wide variety of menopause symptoms and their severity, an employee who’s incapacitated by them would be entitled to take FMLA leave. Menopause isn’t a diagnosis, but a life stage. It could, however, lead to chronic conditions, such as anxiety or depression, hormonal therapy side effects, insomnia, mood swings, and cognitive changes, such as difficulty concentrating or memory lapses.
An employee may also take FMLA leave to care for a family member (such as a spouse) who’s suffering from menopause issues or is seeking medical treatment to curb the symptoms.
Key to remember: Employees aren’t automatically entitled to FMLA leave for menopause but can be if their symptoms are severe.
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2026-08-24T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyFocus AreaIn-Depth ArticleEnglishOSHA Violations and PenaltiesUSA
Inspection wave sweeping through OSHA state plans: FY 2025 report
State-plan state enforcement continued to gain momentum in fiscal year (FY) 2025. In an upward trend, inspection numbers, violation counts, and penalty amounts all increased. This is in stark contrast to federal OSHA’s drop in inspections during the same period.
The latest data stem from the Occupational Safety and Health State Plan Association’s “Grassroots Worker Protection” report. The annual OSHSPA report covers the efforts and achievements of the state-plan states, which operate OSHA-approved programs in 29 states and territories. Of these:
- 22 cover private- and public-sector employers — Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.
- 7 cover the public sector only — Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and Virgin Islands.
Federal OSHA manages private-sector coverage in 33 states and territories, plus the District of Columbia. The federal agency recently posted its FY 2025 enforcement summary.
State inspection counts continued multiyear climb
State-plan agencies conducted nearly 38,400 inspections in FY 2025, a 4.2 percent hike over the more than 36,800 total in FY 2024, according to the Grassroots report. Compare this with FY 2023, and inspections were up 9.8 percent. Most inspections were categorized as safety inspections, and those saw a 4.9 percent jump in FY 2025. Health inspections also strengthened by 2 percent.
Programmed (or planned) inspections were the primary driver in state-plan inspection growth. State agencies conducted almost 15,900 programmed inspections in FY 2025, an 11.1 percent expansion from the prior year and a 21.7 percent spike from FY 2023.
Employee complaint inspections reached nearly 10,400 in FY 2025, but that was relatively flat, slipping 0.5 percent from FY 2024. Still, it’s just over 9.2 percent higher than FY 2023.
State-plan inspections exceeded federal OSHA totals
State and federal enforcement trends moved in opposite directions in FY 2025. While state-plan inspections approached 38,400, federal OSHA inspection counts declined to 30,273 in total. Federally, that figure was a 12.6 percent fall from FY 2024’s 34,625 inspections, or an 11.5 percent decrease from 34,221 in FY 2023.
Collectively, the states also outpaced federal OSHA for programmed inspections in FY 2025. Compare nearly 15,900 programmed inspections for these agencies to 13,962 for federal OSHA. Still, the overall percentage of programmed inspections balanced differently, with 41.4 percent for states and 46.1 percent for federal.
Violations rose steadily in states
Over 74,000 violations were found in FY 2025 for state plans, compared to more than 72,200 the previous year. That’s a 2.5 percent boost. About half were considered serious, willful, or repeat (S/W/R), while the other half were tagged other-than-serious (OTS). Both categories experienced an uptick that year.
The number of inspections with violations also expanded 2.9 percent (from about 23,840 to 24,520). At the same time, employers were cited less frequently on a percentage basis (63.9 percent of inspections in FY 2025 versus 64.7 percent the prior year).
State penalties set a new benchmark
Aggregate penalties in state-plans shot up 6.9 percent to almost $149.1 million in FY 2025. The multiyear trend is even more telling — total penalties escalated over 24.9 percent from FY 2023 to 2025. Both of these percentages outstrip the cumulative rate of inflation over the same period.
Where serious penalties were issued, penalty rates advanced 2.9 percent in FY 2025, to reach about $3,026 on average. This means the penalty rate has finally surpassed the $3,000 milestone. A serious violation relates to a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.
Finally, employers contested citations in nearly 4,240 inspections with violations in FY 2025. The figure is almost unchanged from the previous year and represents 17.3 percent of inspections with violations. A proper contest suspends the employer’s legal obligation to abate and pay a penalty until the item contested has been resolved.
What’s next?
According to the federal OSHA budget proposal for FY 2027, the states are anticipated to conduct the following in FYs 2026 and 2027:
| Number of | FY 2026 expected | FY 2027 proposed |
| Safety inspections | 28,967 | 27,229 |
| Health inspections | 9,675 | 9,094 |
| Total inspections | 38,642 | 36,323 |
The projected dip in FY 2027 inspection activity is tied to OSHA’s proposed budget reduction. However, Congress has not yet finalized appropriations for FY 2027. Actual funding levels remain uncertain for that year. That means the number of inspections conducted could change.
Key to remember
The latest statistics on state-plan enforcement for FY 2025 are available. The data show that state inspection counts went up while federal OSHA inspections went down. State-plan violation counts and penalty amounts also grew. The figures suggest that state agencies remain a significant enforcement force.
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2026-08-23T05:00:00Z
NewsIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyExpert InsightsHeat and Cold ExposureEnglishHeat StressFocus AreaUSA
Expert Insights: Protecting Landscaping Crews from Heat Stress
In the “dog days” of summer there is one thing I never look forward to: yard work. Just yesterday, I spent about two hours cutting my grass in the muggy South Georgia heat. By the time I was finished, I was drenched in sweat, breathing heavy, and ready to find the nearest air conditioner. Now, that is just two hours a week. Imagine having to do that for eight hours every day.
For landscaping crews, these hazards are a daily battle during the summer months, and the statistics really highlight the risks. For the last ten years, an average of 197 landscaping workers died from work-related injuries each year, resulting in a fatality rate of about 25 deaths per 100,000 workers, similar to rates seen in agriculture and mining. Heat-related illnesses and injuries are a significant contributor to this risk. According to the Bureau of Labor Statistics (BLS), there were 33,890 heat-related cases involving days away from work between 2011 and 2020, averaging nearly 3,400 cases annually. OSHA also investigated 1,054 heat-related incidents between 2017 and 2022, including 625 hospitalizations and 211 fatalities.
Realities of heat exposure
Landscaping and grounds-keeping consistently rank among the most heat-exposed occupations, and the pressures that keep crews working through dangerous conditions are familiar to anyone in this industry:
- Piece-rate and schedule pressure - Many landscaping crews are paid by the job or the property, not the hour, which creates a built-in incentive to keep moving rather than stop for rest or water breaks.
- Lack of acclimatization - New or seasonal hires haven’t built up tolerance to prolonged heat exposure, yet formal acclimatization schedules are rare on small crews.
- Minimal shade and hydration infrastructure - A client’s front yard doesn’t come with a break room or a water cooler.
- PPE that traps heat - Long sleeves, gloves, and boots protect against cuts and debris but reduce the body’s ability to cool itself through sweat evaporation.
- A “push through it” culture - Much like fall protection on residential roofs, heat safety often gets treated as optional until someone feels dizzy or nauseous.
- Regulatory uncertainty - There is still no final federal heat standard. OSHA published its proposed rule in August 2024, and as of 2026 it remains pending. In the meantime, OSHA continues to cite heat hazards under the General Duty Clause, and OSHA updated its National Emphasis Program for Outdoor and Indoor Heat-Related Hazards on April 10, 2026, effective immediately and scheduled to remain in place for five years.
Cool down the risk
Two hours in the high-90s heat left me wiped out doing a task I chose to do and at my own pace. An eight-hour landscaping shift offers none of those luxuries unless an employer builds them deliberately. That means:
- Scheduled water, rest, and shade breaks. Not just breaks “if someone asks.”
- A real acclimatization plan for new hires and anyone returning from time off.
- Monitoring conditions throughout the day, since heat-related deaths are disproportionately common in the mid-afternoon, with over a third occurring between 2:00 and 4:00 p.m.
- Train crews and supervisors to recognize early signs of heat exhaustion in themselves and each other, since by the time symptoms of heat stroke appear, it’s already an emergency.
- Supervisors should know how to respond to a heat emergency, including calling 911 and moving the affected worker to a cooler area while waiting for emergency medical services.
None of this requires a complicated program. A cooler of water, shade or a pop-up canopy, and a supervisor willing to slow the pace when the heat index climbs go a long way toward keeping a crew safe.
I got to walk inside, crank the AC, and call it a day. Most landscaping crews don’t have that option until the job is done. With no final federal standard yet but enforcement activity clearly increasing, it’s worth remembering that heat-related illnesses can turn serious fast. A few minutes of planning can be the difference between a hot afternoon and a heat-related emergency.
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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.