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To Record or Not To Record, That is the Question: Questions and Answers Regarding U.S. Federal OSHA Recordkeeping and Reporting Requirements During the COVID-19 Crisis

The federal Occupational Safety and Health Act and its implementing regulations require employers to record certain work-related injuries and illnesses. Due to the prevalence of community transmission of COVID-19, deciding whether an employee’s COVID-19 illness is work-related, and therefore recordable, is more challenging than ever for employers. In addition to the federal Occupational Safety and Health Administration’s (OSHA) existing recordkeeping requirements found at 29 Part 1904, OSHA released an interim enforcement policy on April 10, 2020 (Enforcement Guidance for Recording Cases of COVID-19) (April 10 OSHA Guidance) clarifying that OSHA will exercise its enforcement discretion to interpret the recordkeeping requirements to mean that most employers (other than those in the healthcare, emergency response, and correctional institution industries) are only required to make a decision about whether an employee’s COVID-19 illness is work-related if there is objective evidence of such work-relatedness that is reasonably available to the employer. The following questions and answers aim

Proactively Safeguarding Your Business from Potential Allegations of Price Gouging in the U.S.

As shelter-in-place orders began to sweep across the United States, many store shelves emptied and, in some instances, prices for certain products skyrocketed, including products that are essential to everyday living and staying safe during the COVID-19 crisis.

As a result, one of the many hot-button business, and corresponding legal, issues to arise out of the COVID-19 crisis is price gouging. Price gouging occurs when sellers raise their prices for goods and services to take advantage of the consequent increased demand for those items, often during emergencies. Price gouging has ensued following large scale natural disasters such as hurricanes or wildfires, where sellers have drastically elevated prices for basic necessities, safety equipment and medical supplies that were in high demand following those catastrophic events. As many consumers, businesses and state attorneys general are aware, allegations of price gouging for those same items have been prevalent in the midst of the

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