Compliance Just Got Easier: Stay ahead of regulatory changes with instant notifications on updates that matter.

FREE TRIAL UPGRADE!
Thank you for investing in EnvironmentalHazmatHuman ResourcesHuman Resources, Hazmat & Environmental related content. Click 'UPGRADE' to continue.
CANCEL
YOU'RE ALL SET!
Enjoy your limited-time access to the Compliance Network!
A confirmation welcome email has been sent to your email address from ComplianceNetwork@t.jjkellercompliancenetwork.com. Please check your spam/junk folder if you can't find it in your inbox.
YOU'RE ALL SET!
Thank you for your interest in EnvironmentalHazmatHuman ResourcesHuman Resources, Hazmat & Environmental related content.
WHOOPS!
You've reached your limit of free access, if you'd like more info, please contact us at 800-327-6868.
News Page, Top Banner, Guests

Regulatory Compliance News & Updates

Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL
regulatory compliance.

Safety & Compliance News

Regulations change quickly. Compliance Network ensures you never miss a relevant update with a personalized feed of featured news and analysis, industry highlights, and more.
Understanding dress code limits can be a tall order for employers
2026-09-11T05:00:00Z

Understanding dress code limits can be a tall order for employers

Between a more casual approach to work attire and the increase in remote work, dress code policies have been on HR’s back burner. A recent case, however, returns dress codes to the limelight. 

The case 

In early September, the U.S. Court of Appeals for the Second Circuit rejected the National Labor Relations Board’s (NLRB) view of employer dress code policies adopted in 2022. 

Finding the right balance 

In Tesla, the NLRB adopted the presumption that all employer dress code policies that limit an employee’s right to display union insignia are presumed to be unlawful. The Second Circuit now joins the Fifth Circuit in refusing to enforce Tesla. The Second Circuit said that Tesla was inconsistent with precedent.    

Referencing U.S. Supreme Court precedent from Republic Aviation, 324 U.S. 793 (1945), the Second Circuit urged a return to the balancing test between “the undisputed right of self-organization assured to employees  …  and the equally undisputed right of employers to maintain discipline in their establishments.” 

The court added that employees have the right to wear items that relate to unionization and other protected matters at work, but employers aren’t prevented from making and enforcing reasonable rules covering the conduct of employees on company time, because “working time is for work.”  

The Second Circuit sent the case back to the NLRB asking the board to “apply a more evenly measured balancing test” and suggested what to consider in its analysis, including:  

  • How much the rule limits employees’ Section 7 rights (i.e., whether the employer enforces a full or partial ban on union insignia during working time);
  • Whether the employer’s policy is neutral on its face, nondiscriminatory, and consistently enforced; and  
  • The context, or legitimate business reasons underlying the rule.  

The Second Circuit also addressed how much weight courts must give NLRB decisions. Under the U.S. Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo, courts aren't required to defer to a federal agency’s interpretation of the law it administers. 

Takeaways for employers 

The decision gives employers in the Second and Fifth Circuits more leeway to draft neutral dress code policies that limit union insignia.  

Employers should also be aware that the legal standard may continue to change. In August, the NLRB’s General Counsel listed dress codes and a possible reversal of Tesla as future priorities. Employers should, therefore, review appearance policies carefully, document the reasons for restrictions, and consult counsel before limiting union-related clothing or insignia.  

Key to remember: A federal appeals court rejected the NLRB’s presumption that dress-code limits on union insignia are automatically unlawful. 

Starbucks Reserve Roastery v. National Labor Relations Board, No. 24-3168 (2nd Cir. September 2, 2026) 

Keep reading...Show less
DOL publishes 3 new opinion letters — Agency insight helps with wage and hour compliance
2026-09-11T05:00:00Z

DOL publishes 3 new opinion letters — Agency insight helps with wage and hour compliance

On Labor Day, September 7, the U.S. Department of Labor (DOL) issued three new opinion letters that apply the federal Fair Labor Standards Act (FLSA) to these questions:

  1. Must employers pay employees for time spent walking to the lunch area?
  2. May employees perform additional duties as volunteers?
  3. May supervisors keep tips when bartending?

Opinion letters not only answer a detailed question on a particular employment scenario; they also provide wage and hour compliance guidance for other employers. Below is a snapshot of each letter.

Keep reading...Show less
Electrical safety: Facts about the flash
2026-09-10T05:00:00Z

Electrical safety: Facts about the flash

Arc flashes kill an average of 400 workers every single year when an electrical fault creates a sudden release of energy that sends extreme heat, intense light, and a powerful pressure wave blasting toward the worker. These events can also cause serious, and often permanent, injuries such as severe burns and hearing loss, as well as significant equipment damage that results in operational downtime. Understanding the risks and implementing preventive measures is essential for protecting workers and maintaining a safe work environment.

Where the danger lies

The three key terms in arc safety are electric arc, arc flash, and arc blast. These terms are often confused with one another or used interchangeably; however, they are quite different phenomena. Understanding their distinction is essential for effective safe work practices.

Respect the numbers[

The numbers associated with an electrical arcing incident should, alone, be enough to show why arc flash and blast safety matters:

  • Temperatures during an arc flash can reach up to 35,000°F which is approximately 4 times hotter than the surface of the sun.
  • During an arc blast, copper vaporizes and expands by a factor of 67,000 times.
  • Pressure from an arc blast can reach up to 2,000 pounds of force which is the equivalent of a full-grown draft horse plowing into a person’s body.
  • Blasts from an arc flash can propel molten metal and debris at up to 700 miles per hour, which is faster than the cruising speed of a commercial airplane.
  • More than 2,000 people a year are treated in burn centers for arc flash-related injuries, resulting in 6 to 8 months of lost work time.
  • Penalties for arc flash-related injuries can be over $160,000 per violation.
  • Average medical expenses for an arc-flash survivor is $1.5 million with an additional $5 million to $10 million in litigation settlements.

Key Elements of Arc Flash Safety

Prioritizing arc flash and blast safety demonstrates a commitment to employee well-being and operational integrity. An effective arc flash safety program will include:

  • Conducting a thorough arc flash risk assessment to identify potential hazards, calculate incident energy levels, and label equipment accordingly.
  • Implementing engineering design solutions such as arc-resistant equipment;
  • Maintaining electrical systems and good housekeeping to reduce the likelihood of faults that lead to arc flashes or dust accumulation that can provide a travel path for rogue arcs.
  • Providing appropriate personal protective equipment (PPE), such as flame-resistant clothing, face shields, and insulated gloves, based on the calculated risk level and enforcing employee use.
  • Delivering regular training on electrical hazards, safe work practices, and emergency response procedures.
  • Encouraging employees to report electrical hazards, safety issues, near misses, and incidents so preventative measures can be taken.
  • Ensuring compliance with OSHA and consensus standards like NFPA 70E so safety measures meet legal requirements and industry best practices.

Key to remember: Electrical arcing incidents kill hundreds of workers each year and can cause catastrophic injuries, property damage, and downtime. Understanding the hazards of electric arcs, arc flash, and arc blast is essential for implementing the right protective measures in the workplace.

Keep reading...Show less
Unplanned FMLA leave and getting the job done
2026-09-10T05:00:00Z

Unplanned FMLA leave and getting the job done

The federal Family and Medical Leave Act (FMLA) entitles eligible employees to job-protected, unpaid time off for certain qualifying reasons. Sometimes, employees can take the leave if it’s unplanned, which can put employers in a tough position finding worker coverage. Last-minute, unforeseeable, intermittent time off for FMLA issues, such as flare-ups, often poses the biggest challenge in FMLA administration.

Some of the ways employers can manage unpredictable leaves are by:

Keep reading...Show less
2026-09-10T05:00:00Z

OSHA’s proposed heat rule debated during House subcommittee hearing

OSHA’s proposed heat illness and prevention rule took center stage during a September 2 hearing held by the House Workforce Protections Subcommittee.

Elizabeth Milito of the National Federation of Independent Business urged Congress to pass a bill that would prevent OSHA from issuing a permanent heat rule, citing the General Duty Clause already protects workers from heat-related hazards. Rebecca Reindel, director of occupational safety and health for the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) countered that the clause has a “broader, higher burden of proof” than a regular OSHA standard, including the need to satisfy a four-part test to issue a citation.

Keep reading...Show less