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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
2026-04-15T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Nevada is the first state to limit what doctors can charge for FMLA certifications
Effective January 1, 2026, health care providers in Nevada may not charge more than $30 to complete a certification under the federal Family and Medical Leave Act (FMLA). This is the first state law (HB 305) enacted to address this particular issue. The state will adjust the $30 each January 1 based on the Consumer Price Index.
Why does this matter?
Employers may require that employees support their need for FMLA leave with a certification from a health care provider, but employees bear the cost of the certification. The FMLA doesn’t govern whether or how much health care providers charge for a certification, and in some situations, health care providers charge over $100 to complete them.
Such high costs can deter employees from getting a certification completed. But without a certification, employers might not be able to determine if the reason for the leave qualifies for FMLA protections. Without it, they might risk losing their job.
In some cases, employees might be left trying to find a doctor who doesn’t charge any fees to complete an FMLA certification, or at least charges less.
FMLA certification deadline
Since employees have 15 calendar days to give the employer the requested certification, hunting for a new doctor who doesn’t charge a certification fee can be challenging. The current doctor shortage can make it even harder.
Employers can hold employees to the deadline unless extenuating circumstances are involved. The FMLA regulations don’t explain what does or doesn’t qualify as “extenuating circumstances.” Trying to find a doctor who will complete a certification for a reasonable fee might be an extenuating circumstance. As long as the employee is putting forth a good-faith effort to get a certification, the employer might need to be flexible.
Takeaways for all employers
Nevada isn’t usually a bellwether state, but it’s at the forefront of controlling FMLA certification costs. Now that one state has blazed the trail on curbing certification costs, perhaps others will follow suit.
It’s important to note that no employer — in Nevada or any other state — is required to use FMLA certifications to approve (or deny) an employee’s leave. Many employers use certifications to help verify that the leave qualifies and to obtain information about leave schedules. But it’s not a mandated part of the FMLA process.
Key to remember: Employers in Nevada might find that employees are more forthcoming with FMLA certifications, now that they cost no more than $30.
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RECENT INDUSTRY HIGHLIGHTS
2026-04-15T05:00:00Z
NewsChange NoticesWage and HourChange NoticeAssociate Benefits & CompensationAssociate RelationsVirginiaHR GeneralistNon-Exempt employees Minimum WageHR ManagementEnglishFocus AreaHuman Resources
Virginia minimum wage increases
Effective date: July 1, 2027
This applies to: Employers with nonexempt employees in Virginia
Description of change: On April 9, 2026, Virginia Gov. Abigail Spanberger signed into law legislation (HB1/SB1) to incrementally increase the state minimum wage to $15 per hour.
The measure codified the adjusted state hourly minimum wage of $12.77 per hour that went into effect on January 1, 2026.
The legislation will then increase the hourly minimum wage as follows:
- $13.75 — January 1, 2027
- $15 — January 1, 2028
View related state info: Minimum wage - Virginia
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2026-04-14T05:00:00Z
NewsIndustry NewsSafety & HealthGeneral Industry SafetyFood SafetySpecialized IndustriesIn-Depth ArticleEnglishFocus AreaUSA
Training keeps safety on the menu in food manufacturing
Employees who handle food, clean food processing areas, or work around food-contact surfaces must be trained to understand the practices and procedures used to ensure food is safe to consume. Equally important, however, is the OSHA-related side of training aimed at keeping workers safe.
Busy production lines, heavy equipment, and frequent cleaning tasks can expose employees to numerous hazards. OSHA recently cited a commercial bakery in Illinois for repeatedly exposing employees to safety hazards and failing to train them in electrical work, implement safety-related practices, and enforce the use of personal protective equipment (PPE) when performing electrical work. Proposed penalties totaled over $300,000!
The following table highlights the Top 10 most frequently cited violations for food manufacturing in fiscal year 2025.
| Rank | 29 CFR | Title |
| 1 | 1910.147 | The control of hazardous energy (lockout/tagout) |
| 2 | 1910.212 | Machine guarding |
| 3 | 1910.1200 | Hazard communication |
| 4 | 1910.178 | Powered industrial trucks |
| 5 | 1910.305 | Wiring methods, components, and equipment for general use |
| 6 | 1910.303 | Wiring – general |
| 7 | 1910.219 | Mechanical power-transmission apparatus |
| 8 | 1910.132 | Personal protective equipment – general requirements |
| 9 | 1910.134 | Respiratory protection |
| 10 | 1910.28 | Duty to have fall protection and falling object protection |
| *Data reflect October 2024 through September 2025. | ||
Lockout/tagout. Employees who operate or perform service or maintenance on machines or equipment that must be locked out or tagged must be trained on the energy control procedures to be used. Training must be given prior to employees performing maintenance or service, as needed for employee proficiency, and when there are new or revised procedures. Energy control procedures must be reviewed annually to ensure they’re being followed and to correct any deficiencies.
Machine guarding. Exposed moving parts, frequent cleaning/changeovers, and close employee interaction with equipment make machine guarding critical. Although OSHA’s machine guarding regulations don’t specify training, the General Duty Clause requires that you provide a safe work environment. Employees should understand the purpose of machine guards, the types of guards used at your facility and the importance of not bypassing them, and who to contact if guards are missing or damaged.
Hazard communication (HazCom). Cleaning and sanitation of food production equipment is an integral component of food manufacturing. HazCom gives employees the right to know the hazards of the chemicals they’re exposed to. Paragraph (h) of 1910.1200 outlines the standard’s information and training requirements related to chemical hazards.
Powered industrial trucks (PITs). Congested production areas and warehouses, tight aisles, and limited visibility can pose hazards for both forklift drivers and nearby employees. PIT operators must be trained and evaluated according to the criteria at 1910.178(l)(1) and you must maintain certification that this was completed.
Electrical. In food manufacturing environments, electrical systems are often exposed to moisture, washdowns, chemicals, vibration, and temperature extremes, which increases the potential for hazards. Under 1910.332, training must be provided to employees who are exposed to electrical shock and those who work on or near exposed energized parts.
Personal protective equipment (PPE). In food manufacturing, PPE often serves the dual purpose of protecting workers from injury and protecting food from contamination. Employees must be trained to understand when PPE is necessary; what PPE is necessary; how to properly don, doff, remove, adjust, and wear PPE; its limitations; and its proper care, maintenance, useful life, and disposal.
Respiratory protection. Respirators may be needed during ingredient handling, sanitation, or maintenance processes. OSHA’s regulation at 1910.134 requires training for employees who wear respirators. Training must be conducted before employees use a respirator, repeated annually, and as often as necessary to ensure safe use.
Duty to have fall protection and falling object protection. Food manufacturing facilities often have fall-risk areas such as mezzanines or catwalks above production lines, elevated platforms for mixers and other equipment, and conveyor crossings. Employees who use fall protection or are otherwise exposed to fall hazards must be trained under the requirements at 1910.30. Training must be conducted by a qualified person, as defined at 1910.21(b).
Key to remember: Food manufacturing can expose employees to numerous hazards. Workplace safety training plays a key role in helping employees recognize hazards, work safely, and protect both themselves and the product.
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2026-04-14T05:00:00Z
NewsHazardous WasteIndustry NewsEnglishWaste ManifestsSafety & HealthGeneral Industry SafetyWasteEnvironmentalIn-Depth ArticleEnvironmental Management SystemsFocus AreaUSA
What to know about the EPA’s proposed manifest sunset rule
The U.S. Environmental Protection Agency (EPA) is taking another major step toward modernizing hazardous waste tracking. The Agency’s proposed “manifest sunset rule” would officially phase out paper hazardous waste manifests and require the exclusive use of the e-Manifest system. For employers, especially those generating or managing hazardous waste, it’s a fundamental shift in how waste shipments are documented, tracked, and audited.
Since 2018, EPA’s e-Manifest system has been available as a digital alternative to paper manifests. Over the years, the agency has added requirements pushing the industry toward adoption, including mandatory registration and electronic data submission. But despite those efforts, many companies have continued to rely on paper manifests, either out of habit, convenience, or because parts of their waste chain weren’t ready to go digital. EPA even states in the proposed rule that less than one percent of all e-manifest users have completely switched to digital manifest. The proposed sunset rule is designed to close that gap. Once finalized, it would set a firm deadline (24 months) after which paper manifests would no longer be allowed.
Why EPA wants to eliminate paper manifests
EPA’s reasoning is pretty straightforward. Paper manifests are slower, easier to lose, and more prone to errors. They rely on manual handling and delayed processing, which can create gaps in tracking and compliance. A fully electronic system, on the other hand, allows for real-time visibility, standardized data entry, and faster correction of mistakes. It also gives regulators a clearer, more immediate picture of what’s happening across the entire waste life cycle.
Addressing one of the biggest digital barriers: signatures
One overlooked part of the proposed rule is how EPA is trying to solve one of the biggest barriers to going fully digital, which is signatures in the field. Anyone who has dealt with manifests knows that the weak point is often the hand-off between the generator and the transporter, especially when drivers don’t have system access or reliable connectivity. To address that, EPA is proposing new functionality that would allow users to sign manifests using quick response (QR) codes or even short message service (SMS). In practice, this could mean a driver scans a QR code or receives a text prompt, then completes the signature process directly from their phone. So, no login or full system access needed. EPA is also exploring the ability to use SMS and QR-based tools to make updates to manifest data without needing full system permissions. That’s a big deal operationally, because it removes one of the most common bottlenecks in needing a registered user at a specific site to make even minor corrections.
Operational challenges companies should expect
With that said, moving to a fully digital system still comes with potential issues. It requires coordination across your entire operation. Generators, transporters, and disposal facilities all have to be aligned and capable of using the system effectively. If one party in that chain struggles, it can create delays or compliance issues for everyone involved. There’s also an upfront investment to consider. Companies may need to upgrade internal systems, ensure reliable connectivity, and train employees in new work processes. For organizations with multiple sites or field operations, which can take some planning. But over time, many of those burdens are expected to decrease. Electronic signatures, reusable templates, and centralized record-keeping can significantly reduce administrative work.
One of the biggest shifts employers will notice is the level of visibility. With paper manifests, there’s often a lag between shipment and final documentation. In a digital system, that lag disappears. Information becomes available almost immediately, and regulators have access to the same data. That means errors or discrepancies are easier to find and harder to ignore.
The good news is that companies don’t have to wait for the final rule to start preparing. Taking a close look at your current manifest process is a good first step. If paper is still a major part of your workflow, that’s a clear signal that changes are coming. Making sure your e-Manifest account is fully set up and that employees understand how to use it, will go a long way in avoiding future disruptions.
Keys to remember: The EPA’s proposed Paper Manifest Sunset Rule would set a firm date to phase out paper hazardous waste manifests and require that all covered shipments be tracked through the agency’s electronic e‑Manifest system, in which the Agency says will improve hazardous‑waste tracking and transparency while reducing administrative burden and saving regulated entities roughly $28.5 million per year.
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2026-04-14T05:00:00Z
NewsIndustry NewsIndustry NewsHeat and Cold ExposureEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnglishHeat StressFocus AreaUSA
OSHA revises heat emphasis program
OSHA revised its National Emphasis Program (NEP) on outdoor and indoor heat-related hazards on April 10. Using OSHA and Bureau of Labor Statistics data from 2022-2025, the agency will prioritize inspections in 55 “high-risk industries” in indoor and outdoor work settings.
The revised NEP introduces two reorganized appendices: one that includes information on how OSHA investigators will evaluate heat illnesses and prevention programs and another that provides citation guidance. The updated NEP also includes better guidance designed to strengthen tracking procedures and more effectively implement the program’s enforcement and outreach efforts.
Compliance officers will provide outreach and compliance assistance and broaden inspections if heat hazards are found on heat priority days. Additionally, random inspections will occur on days when the National Weather Service issues a heat advisory or warning.
The revised NEP remains in place for 5 years after the effective date.
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2026-04-14T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Why employers must track employee FMLA leave
Keeping track of employee leave under the federal Family and Medical Leave Act (FMLA) can be challenging, particularly when employees take tiny amounts of intermittent leave. Covered employers must, however, track the leave and keep records on how much FMLA leave employees take, as required by the law and its regulations. Failure to keep track of FMLA leave can result in a violation and claim.
Employers with FMLA-eligible employees must keep records with the following information:
- Basic payroll and identifying employee data, including name, address, and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid. These records are required for nonexempt/hourly employees under the federal Fair Labor Standards Act.
- Dates that employees took FMLA leave. This could be from time records, requests for leave, and so on. Employers must designate leave in records as FMLA leave. Employers may not include leave required under state law or an employer plan that isn’t also covered by the FMLA.
- The hours of leave employees took if they took it in increments of less than a full day.
- Copies of employee notices that employees gave to the employer, if in writing.
- Copies of FMLA eligibility/rights and responsibility notices and designation notices that employers must give to employees. Employers may keep these in employee personnel files.
- Any documents (including written and electronic records) describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves.
- Premium payments for employee benefits.
- Records of any dispute between the employer and employee regarding the designation of leave as FMLA leave, including any written statement from the employer or employee of the reasons for the designation and for the disagreement.
Employers with no FMLA-eligible employees must maintain records under the first bullet only.
While employers aren’t required to ask for certifications, if they do, they must keep those with medical information confidential and separate from the general personnel file(s).
Employers with exempt employees don’t have to keep records of actual hours worked, as long as they presume that employees are eligible for FMLA leave if they’ve worked for the company for at least 12 months.
For exempt employees who take intermittent or reduced-schedule leave, employers and employees should agree on the employees’ normal schedule or average hours worked each week and put this in writing.
The FMLA doesn’t mandate any particular order or form of records.
Employers must keep these records for at least 3 years and make them available for inspection, copying, and transcription by U.S. Department of Labor representatives upon request.
Smallest increment
Employers must account for FMLA leave using an increment no greater than the shortest period of time that they use to account for other forms of leave, as long as it’s not greater than 1 hour. This should be clear in the records.
Key to remember: Employers must accurately track how much FMLA leave employees take and keep related records of it for at least 3 years.
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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.