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Construction: Alert - January 30, 2012

For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee. However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute § 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.

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Labor, Employment and Benefits
Newsletter - May 2000
 
In this Issue...
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OSHA Retreats on Its Telecommuters Policy
 
 May 1, 2000
 

The Occupational Safety and Health Administration "clarified" its position on the subject of telecommuters after the article appearing in the March 2000 issue of the Holland & Knight LLP Employment Law Letter, "Telecommuters and Cell Phones: New Reasons for Concern When Employees Work Away from the Office." This "clarification" is a retreat from OSHA’s controversial position, that employers may be responsible for inspecting employees’ home offices to ensure compliance with OSHA’s standards. This "clarification" is due, in large part, to an outcry from Congress, employers, and numerous employee and civil rights groups (bad policy makes strange bed-fellows) interested in supporting flexible and "family-friendly" working arrangements.

The revised "instruction" states that OSHA will not conduct inspections of employees’ home offices, it does not expect employers to conduct such inspections, and it will not hold employers liable for employees’ home offices. Further, while OSHA may "informally" let an employer know about home office-related complaints, it will not "follow-up" with the employer or employee. However, OSHA was careful to reiterate that it will conduct inspections of home manufacturing operations when it receives notice of a violation that could lead to physical harm. Again, as stated in the March, 2000 article, employers should steer clear of sending their employees home with hazardous substances or asking them to do any work at home that might be considered manufacturing.

This revised policy does not represent the complete retreat that some legislators and employers had fought for – a revision of the regulations indicating that OSHA has no jurisdiction at all over home-based worksites. However, most employers who have flexible working arrangement policies in place for their employees’ benefit can rest easy knowing OSHA is not going to require that they follow their employees home to perform safety inspections.

For more information please contact Timothy Singhel at 1-888-688-8500 or at tsinghel@hklaw.com.

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