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  • US Department of Labor launches OSHA Safety Champions Program to advance workplace safety and health

    March 16, 2026 WASHINGTON  – In an effort to promote workplace safety, the U.S. Department of Labor’s  Occupational Safety and Health Administration  today announced the launch of its Safety Champions Program, a new cooperative initiative designed to help employers develop and implement effective safety and health programs.  The Safety Champions Program meets businesses where they are on their pathway to safety and health success and encourages them to take proactive steps with a philosophy of continuous improvement to prevent workplace injuries, illnesses, and fatalities. “The Department of Labor’s new Safety Champions Program exemplifies the Trump Administration’s commitment to supporting and empowering job creators,” said U.S. Secretary of Labor Lori Chavez-DeRemer. “By providing employers with these resources, we are putting American workers first and keeping them healthy and safe on the job.” The program has three progressive steps: Introductory, Intermediate, and Advanced, each aligned with OSHA’s recommended practices for safety and health programs. This tiered structure allows employers to build their safety and health programs over time and adopt best practices tailored to their needs and operations. Participants can choose to work independently or collaborate with Special Government Employees – individuals with safety and health experience who work alongside OSHA to provide guidance and technical assistance. The Safety Champions Program emphasizes seven elements that are essential for effective safety and health programs: management leadership, worker participation, hazard identification, prevention and control, education and training, program evaluation, and communication. By incorporating these elements, employers can create safety and health programs that not only meet regulations but also enhance workplace safety and health. Upon completion of all three levels of the Safety Champions Program, participants are expected to have implemented all seven elements and show plans for continuous improvement of their safety and health programs, thus demonstrating their commitment to maintaining a safe and healthy work environment. Outreach materials will include detailed information on how to sign up for the program, making it easy for interested employers to become Safety Champions. Learn more about the Safety Champions Program and how to sign up!

  • Florida man arrested in $1 million workers’ compensation fraud scheme

    March 16, 2026 TALLAHASSEE, Fla. — Florida’s Chief Financial Officer Blaise Ingoglia announced the arrest of a man accused of hiding payroll information through two money service businesses to dodge more than $1 million in workers’ compensation insurance premiums. Jacques G. Denomme was arrested March 3 on charges of organized scheme to defraud and workers’ compensation premium avoidance fraud, Ingoglia said in a statement. The arrest followed an investigation by the Department of Financial Services’ Criminal Investigations Division. “A scheme to commit fraud of this magnitude is no minor offense. This is deliberate fraud that hurts small businesses, their employees, and Florida insurance policyholders by driving up workers’ compensation insurance premiums,” Ingoglia said. “This guy got greedy, but now he’s getting booked. My investigators are actively working to stop those who orchestrate these types of large-scale fraud schemes and put them behind bars.” Authorities allege Denomme used the businesses to conceal payroll and failed to notify his insurance company of significant payroll changes over two years. The scheme deprived the insurer of $1,090,504 in premium payments and left his employees unprotected, according to the statement. Prosecution of the case falls under the jurisdiction of the Martin County State Attorney’s Office.

  • How do the First 48 Hours after an Injury Shape Claim Outcomes?

    March 15, 2026 Workers' Comp Playbook The 48 hours following a workplace injury influence claim direction more than many organizations realize. During this short window, employees form early interpretations about how they will be treated, what recovery might look like, and whether the system surrounding them feels supportive or uncertain. These impressions rarely emerge from formal policy or written procedure. Instead, they develop through the tone of early conversations, the clarity of next steps, and the consistency of leadership response. Claim outcomes often begin taking shape long before adjusters or attorneys become involved.  An injury introduces disruption that extends beyond physical pain. Work routines change abruptly, attention narrows, and uncertainty replaces predictability. Employees who felt confident and capable hours earlier now face questions about medical care, income continuity, and future expectations at work. When guidance arrives slowly or feels fragmented, the human mind begins searching for stability by constructing its own explanations. Those explanations may or may not reflect reality, yet they quickly become the lens through which every interaction is interpreted.  Leadership behavior during this early window carries unusual weight because injured workers watch closely for signals about safety and belonging. A calm response communicates stability. Clear instructions provide orientation when uncertainty feels overwhelming. Consistent follow-up reassures employees that recovery matters to the organization as much as operational continuity. These actions appear small in isolation, yet they shape how people experience the system designed to support them.  Supervisors often underestimate how influential their early communication becomes during an injury response. Many leaders focus primarily on documentation requirements or operational disruption, which is understandable given the pressure surrounding the moment. At the same time, injured workers are interpreting every interaction for cues about credibility and trust. Language that feels rushed or guarded may unintentionally suggest doubt, even when the supervisor intends to help. Communication that demonstrates patience and clarity builds confidence before misunderstandings have a chance to grow.  The early hours following an injury also influence how accurately events are remembered and recorded. Memory changes under stress because the brain prioritizes emotional processing over detail retention. When documentation occurs within a supportive environment where the purpose of the conversation remains clear, employees tend to share information more openly and with greater accuracy. When conversations feel tense or adversarial, people often become cautious in what they disclose. Documentation quality reflects the environment surrounding the conversation as much as the questions being asked.  Communication during this period also shapes how employees approach medical care and recovery. Injured workers who understand what will happen next often feel more comfortable engaging with treatment recommendations. Clarity around scheduling, transportation, and follow-up expectations reduces anxiety and allows attention to shift toward healing. When instructions feel inconsistent or incomplete, employees begin interpreting medical guidance through their own assumptions about workplace expectations. Recovery becomes harder when uncertainty follows the employee into each stage of care.  The first days after an injury also influence how modified work opportunities are perceived. When supervisors introduce the idea of continued engagement with respect and clarity, employees often view modified work as a sign that their role still matters. The conversation communicates connection rather than replacement. When the topic appears suddenly or without explanation, employees may interpret the request as pressure or skepticism. Perception during these early conversations shapes willingness to participate in recovery-focused work.  Consistency across these interactions matters because injured workers experience the system as a whole rather than as separate pieces. Communication with supervisors, HR representatives, and medical providers blends together into a single impression about how the organization responds to injury. When information flows smoothly across these relationships, employees feel supported and oriented. When communication feels fragmented, uncertainty grows and claim narratives begin drifting away from the original event.  Organizations that design their response around the first forty-eight hours recognize that behavior stabilizes when clarity arrives early. Structured communication reduces speculation before it has time to spread. Clear documentation processes capture accurate information while memory remains fresh. Thoughtful follow-up reinforces connection between the employee and the workplace during recovery. These practices guide behavior through calm leadership rather than through correction later in the claim lifecycle.  Claims rarely become complicated overnight. Complexity grows gradually when uncertainty accumulates faster than reassurance. Early response provides an opportunity to interrupt that pattern before it takes hold. Leaders who recognize the importance of this window focus less on reacting to problems and more on creating conditions where problems struggle to emerge. The first forty-eight hours become a stabilizing force rather than a missed opportunity.  Strong early response does not require elaborate programs or complicated technology. It requires attention to human experience during moments of disruption and structure that helps leaders act with confidence. When organizations align communication, documentation, and follow-through during this early stage, claim direction often remains steady long after the initial injury event has passed. The influence of those first interactions carries forward through the entire claim lifecycle.

  • US Department of Labor cites Florida construction contractor after 2 workers severely injured, 1 fatally electrocuted

    March 13, 2026 SEMINOLE, FL  – The U.S. Department of Labor cited a Florida utility construction contractor for Duke Energy after one worker was electrocuted and two others injured at a Seminole site in August 2025. Investigators with the department’s   Occupational Safety and Health Administration  determined a work crew from Primoris Services Corp. – operating as Primoris T&D Services LLC – was replacing a utility pole when the pole contacted an energized overhead transmission line, fatally electrocuting a lineman and sending two other workers to the hospital. OSHA cited the employer with three serious violations for failing to ensure employees maintained the required minimum approach distance from exposed energized parts or have the transmission line deenergized, assign a designated observer to monitor approach distances and provide warnings, and ensure the job briefing covered special precautions required when working under energized transmission lines. OSHA proposed $49,650 in penalties. The employer has contested the citations before the independent Occupational Safety and Health Review Commission. Penalties and citations may be adjusted throughout the course of the case process. Please check the  OSHA establishment search   page periodically for any changes in the inspection or penalty status. Learn more about OSHA , including tips to protect employees when   working near overhead power lines . Employers may contact the agency for information about OSHA’s  c ompliance assistance resources and for free help on complying   with OSHA standards.

  • Electrical safety in construction: OSHA unveils new initiative

    March 13, 2026 Washington — As part of its ongoing effort to bolster electrical safety in the construction industry, OSHA has launched the Electrical Roll Up Initiative. The initiative is aimed at promoting basic  electrical safety  awareness throughout the industry. “Electrical hazards affect more than just electricians,” OSHA says in an  electrical safety toolbox talk . “In fact, 74% of workplace electrical fatalities occur in nonelectrical occupations. Many employees may not be trained to perform electrical work and may not recognize electrical hazards. “Electrical work should only be assigned to qualified employees, as they are trained to work on or near energized parts. They have the knowledge, skills and training to perform electrical work. A competent person is someone who can identify hazards and has the authority to correct them.” The toolbox talk also notes that construction laborers; roofers; heating, ventilation and air conditioning mechanics; and construction/maintenance painters are among the 10 occupations that account for the most electrical-related workplace fatalities. Among the agency’s other resources is a fact sheet featuring safety measures using the  Hierarchy of Controls  and workplace best practices. OSHA also has  five tips  for using extension cords and a  PowerPoint presentation   that provides an overview of the initiative. “Users can customize these materials and use them for their training,” the agency says.

  • The Five Most Common Fire Protection Mistakes in Warehousing

    March 12, 2026 Misclassified commodities, blocked blue spaces, and exceeded storage heights are major problems. Warehouses are the backbone of modern supply chains, serving as hubs where goods are stored, sorted, and shipped. Since the COVID-19 pandemic, the growth of e-commerce has driven demand for more warehouse space, both in new construction and tenant expansions. Yet with vast floor areas, tall storage racks, and high fuel loads, warehouses present some of the most significant fire protection challenges in the built environment. A single fire can result in millions of dollars in losses, major business disruption, and, most importantly, risk to human life. While fire and building codes and standards provide strong guidance, day-to-day mistakes in warehouse operations often undermine fire protection systems. Over my 18 years of fire protection experience and education, the following are the five most common errors that compromise warehouse fire safety. Fire Hazard 1: Misclassified Commodities Commodity classification, the process of identifying and categorizing hazardous stored goods, is the foundation of warehouse fire protection. NFPA 13: Standard for the Installation of Sprinkler Systems groups commodities from Class I through IV, with additional categories for high-hazard materials, such as plastics and flammable liquids, along with the actual commodity, the packaging materials involved, and how the item will be stored (i.e., wood pallets, unreinforced vs. reinforced plastic pallets, etc.). The commodity’s hazard level determines the fire sprinkler system(s) design criteria/schemes. Best Practice : Conduct regular reviews of storage commodities, especially when product lines or packaging change, and involve a qualified fire protection engineer. For facilities with high-piled storage permits, annual reviews of the approved storage plan are critical to ensuring fire protection features and classifications remain accurate. Fire Hazard 2: Blocked Flue Spaces Flue spaces, or vertical gaps between stored materials, are critical because they allow heat to rise quickly to sprinklers and enable water to penetrate deep into racks as quickly as possible. NFPA 13 requires both transverse flue spaces (front-to-back gaps within a rack, perpendicular to the aisle) and longitudinal flue spaces (continuous gaps between back-to-back racks, parallel to the aisle), depending on the commodity and storage arrangement. It is a rare find when one walks into a high-piled storage area and the flue spaces are clear. These spaces are often encroached when pallets are pushed too far back, loads overhang, or items are stored too close together. Best Practice : Maintain flue spaces through both engineering controls, such as rack spacers or pallet stops, and operational housekeeping. Train employees on proper pallet placement and perform routine audits to help ensure flue spaces remain open and effective. Fire Hazard 3: Exceeded Storage Heights or Official Configurations Ignored/Altered Fire protection engineers design sprinkler systems with limits on storage and ceiling heights and sprinkler clearance from the top of the storage. Fire protection standards, including NFPA 13, 30, 30B, and others, prescribe specific design schemes for specific storage parameters. Exceeding these limits (i.e., raising racks from 12 feet to 18 feet under the same sprinkler system) can overwhelm suppression capabilities. Exceeding storage heights often happens when facilities try to increase capacity without consulting fire protection specialists or the local Authority Having Jurisdiction (AHJ). A few extra feet of storage may seem harmless, but it can mean the difference between effective control and system failure. Best Practice : Document maximum storage heights and rack configurations, and post signage to reinforce compliance. Many times, these “signs” are a strip of red tape placed around all the adjacent columns for an easy visual representation of storage heights. Any changes should trigger a review by fire protection professionals before implementation. Fire Hazard 4: Poor Housekeeping Oftentimes, employees place items in an area with the intention of it being temporary, but are unaware of the fire hazards those items pose. A fire can happen at any time, and those “temporary” solutions may obstruct fire sprinklers, extinguishers, or egress/fire department access. Best Practice : These hazards can be mitigated by implementing a “fire-safe” culture at the facility level. Implement strong housekeeping programs with regular walkthroughs to check aisle clearance, sprinkler spacing, and removal of debris. Many organizations assign the fire safety duties to an employee within the warehouse to monitor compliance on a daily/weekly/monthly basis. Ongoing housekeeping and fire safety training are key to maintaining an appropriate fire safety culture. Fire Hazard 5: Neglected System Inspections, Testing, and Maintenance (IT&M) One of the most preventable causes of warehouse fire loss is failing to maintain fire protection systems. Issues often arise from missed IT&M intervals, leaving warehouses with critical gaps in protection. Some examples of critical items that may be missed due to a lack of maintenance include: closed valves disabled fire pumps neglected hydrants faulty or obstructed ancillary equipment (hoses, extinguishers, fire detection, and notification) Additionally, impairments can be equally as dangerous when managed improperly. The facility’s fire supervisors must follow the impairment strategies, such as fire watch, as directed/required by the local fire department. All impairments should be discussed with your fire protection professional and the local responding fire department. Best Practice : Follow all IT&M schedules and maintain thorough records. Establish clear impairment procedures that include tagging, notifications, and temporary safeguards until systems are restored. If there are any areas to forego when attempting to adhere to a strict budget, fire protection should not be one of them. Conclusion Fire protection in warehouses is not just about sprinklers; it requires ongoing planning, training, and practice to maintain system effectiveness. Improper equipment, poor maintenance, and inadequate training can devastate not only business flow but also a facility’s greatest asset, its employees. The best way to address common issues is by embedding fire safety into facility culture. Regular training keeps knowledge fresh while educating new hires. Ultimately, preventing warehouse fire losses demands a culture where fire safety is part of daily operations and every employee understands that their actions count.

  • Safety at the loading dock: What are the biggest challenges?

    March 10, 2026 Milwaukee — Inconsistent training and pedestrian-forklift interactions top the list of dock operator safety challenges, according to a  new report  from Rite-Hite. The manufacturer of loading dock equipment and other in-plant products commissioned a survey of 168 facility managers, operations leaders and safety professionals across multiple industries throughout North America. Its aim: Provide peer benchmarking data to help dock operators evaluate their facility’s performance and identify opportunities for improvement. Nearly 1 out of 5 respondents cited worker turnover and inconsistent training (19%) or pedestrian/forklift interactions or vehicle impact risks (19%) as the biggest safety challenge faced by their dock team. Those were followed by: Pressure to maintain throughput while ensuring safety (18%) Lack of visibility into trend data (16%) Near misses not reported or tracked (14%) Equipment overrides or noncompliance with procedures (8%) The report features a self-assessment for facility operators and recommendations for safety managers. “We designed this report to help you benchmark your operation, identify gaps and learn from peers who are making meaningful progress.” Rite-Hite CEO Micaela Bomhack says in the report. “Whether you’re just beginning to track key metrics or already investing in connected equipment, I hope these insights provide clarity and confidence as you plan your next steps.”

  • US Department of Labor cites Florida petroleum tank services contractor after worker succumbs to injuries from exposure to toxic chemicals

    March 3, 2026 LAKE WORTH, FL  – The U.S. Department of Labor has cited a Land O’ Lakes-based petroleum tank services contractor for exposing workers to chemical and respiratory hazards after an employee was fatally exposed to benzene and toluene when they entered a fuel storage tank at a Lake Worth worksite in July 2025. Investigators with the department’s  Occupational Safety and Health Administration  cited PCE Petroleum Contractors Enterprises Inc. with 12 serious violations for failing to develop and implement a written  permit-required space entry program , ensure those authorized to enter the space knew the hazards, and signs or symptoms of exposure. The agency also cited the employer for allowing employees to enter a confined space without an atmospheric evaluation or a required permit, not having a written respiratory program for workers required to wear full-face respirators, and not implementing a hazard communication program when exposed to chemicals.  OSHA proposed $60,242 in penalties. PCE Petroleum Contractors Enterprises Inc. has contested the findings before the independent Occupational Safety and Health Review Commission. Penalties and citations may be adjusted throughout the course of the case process.

  • What time do most construction worker injuries happen?

    March 9, 2026 Chicago — More construction workplace injuries occur around 9 a.m. than at any other time of the day, according to an analysis conducted by construction safety software provider HammerTech. That insight, gained from a review of more than 75,000 construction incidents that occurred from 2018 to 2024, was published in Hammertech’s  Safety at Scale 2025: Construction Insights from the Field  report. “It’s not an overwhelming spike,” the report states about the 9 a.m. statistic, “but it’s consistent enough to warrant attention. This timing generally sits just after site start-up, when crews are mobilized, work has ramped up and early planning is giving way to physical tasks. In many regions, it also coincides with the first scheduled break. “The data doesn’t tell us why, but could prompt practical questions: If risk is predictably higher at this point, could teams adjust supervision, scheduling or communications to help offset it? As with all patterns in this report, the value lies less in the number itself and more in what it might reveal about the conditions surrounding it.” Another insight: three “injury mechanisms” comprised more than 60% of the injuries: Striking objects with a part of the body (33%) Being hit by moving objects (17%) Falls on the same level (13%) In addition, the number of injuries relative to the number of incidents decreased 23% from 2018 to 2024. “Site safety is never static,” the report states. “It’s shaped by thousands of daily decisions, countless processes and the lived experiences of everyone onsite. By drawing on years of usage data from the global HammerTech community, this report aims to make these trends more visible. “These trends do not prescribe what must happen next but help give contractors the clarity and confidence to ask the questions to deliver most impact. Whether it’s refining morning briefings, focusing training or targeting investments, the goal is the same: to ensure everyone gets home safely at the end of the day.”

  • HazCom Violations Remain Widespread

    March 9, 2026 New analysis from Traceone finds 5.6 violations per 100,000 workers. Where U.S. Employers Fail to Warn Workers About Chemical Dangers Millions of U.S. workers handle, store, or work near hazardous chemicals every day—from cleaning solvents and industrial adhesives to flammable gases and corrosive substances. Without proper training, clear labeling, and accessible safety data sheets, employees may not fully understand the health risks they face, including respiratory illness, chemical burns, or fire and explosion hazards. Federal regulators and occupational health experts widely view hazard communication as a foundational component of workplace safety because it determines whether workers have the information needed to protect themselves. To address these risks, the Occupational Safety and Health Administration (OSHA) established the Hazard Communication Standard (HazCom) in 1983. Often referred to as the “right-to-know” rule, the standard requires employers to classify chemical hazards, label containers, maintain safety data sheets, and train workers on safe handling procedures. Yet more than four decades after its adoption, HazCom remains one of OSHA’s most frequently cited workplace safety standards, indicating persistent compliance gaps across industries and regions. To identify where U.S. employers are failing to warn workers about chemical dangers,  Trace One —an SDS, regulatory compliance, and PLM software company serving the chemicals, food & beverage, and cosmetics sectors—analyzed OSHA enforcement data from 2021 through 2025. The analysis investigates which states and industries account for the most HazCom violations, as well as how these citation trends have evolved over time. Key Findings HazCom violations remain widespread nationwide.  OSHA recorded 36,984 Hazard Communication violations from 2021–2025, equal to 5.6 violations per 100,000 workers. Maryland leads the nation in total HazCom violations.  There were 4,370 violations during the 2021–2025 period, equal to 39.0 violations per 100,000 workers, one of the highest rates in the country. Manufacturing and construction account for half of all HazCom violations.  Manufacturing recorded 10,021 violations and construction reported 8,678, together making up 50.6% of all HazCom citations nationwide during the five-year period. Inspection rates vary significantly by industry.  The construction industry is by far the most highly-inspected sector, accounting for 42.8% of all inspections. HazCom violations have declined substantially since their peak.  Citations reached 37,134 in 1989 and fell to 6,130 in 2025, declining 83.5% over that period. Which Industries Have the Most Hazard Communication Violations? The manufacturing and construction industries account for more than half of all HazCom violations in the U.S. HazCom violations are heavily concentrated in a small number of industries. From 2021 to 2025, the manufacturing industry recorded 10,021 violations—the highest total of any sector—followed by the construction industry with 8,678 violations. Together, these two sectors account for 50.6% of all HazCom violations nationwide during the five-year period. The next tier of industries reported significantly lower totals, including Accommodation & Food Services (2,189 violations), Retail Trade (2,005), and Public Administration (1,756), while sectors with less frequent exposure to chemical hazards, such as Finance & Insurance (13) and Information (81), recorded comparatively few citations. Inspection totals provide additional context.  OSHA  does not inspect workplaces solely on a fixed schedule. Instead, the agency prioritizes inspections based on imminent danger situations, severe injuries or fatalities, and formal complaints—many of which originate from employees or labor representatives. In addition, 22 states and jurisdictions operate OSHA-approved  State Plan   programs that conduct their own inspections and share enforcement data with federal OSHA. From 2021 to 2025, OSHA conducted 150,832 inspections in construction, more than twice the 64,971 inspections in manufacturing, reflecting construction’s size and risk profile. Yet despite this heightened scrutiny, only 2.5% of construction inspections resulted in at least one HazCom violation—one of the lowest rates among major industries. By contrast, 8.8% of manufacturing inspections led to a violation, suggesting that while construction is inspected more frequently, manufacturing inspections are more likely to uncover HazCom deficiencies. Read more

  • Fifth Circuit Confirms Employers Aren’t Liable for Overtime They Don’t Know About

    March 6, 2026 The Fifth Circuit recently  reaffirmed  an important limitation on overtime liability under the Fair Labor Standards Act (FLSA): an employer is not liable for unpaid overtime unless it  knew or should have known  that the employee was working overtime. This rule extends to situations where a worker was misclassified as an independent contractor, instead of an employee. Employers should take note of the Fifth Circuit’s decision and its effect on overtime hours, especially those who hire independent contractors, particularly in Texas, Louisiana and Mississippi. Jerry Merritt worked as an Agency Manager for Texas Farm Bureau (TFB), overseeing insurance agents across multiple agencies. TFB classified Merritt as an independent contractor and paid him on commission rather than hourly wages. Merritt controlled his own schedule, decided how many hours to work, and was not required to track or report his time. TFB did not supervise his daily activities or monitor hours worked. Merritt sued TFB under the FLSA, alleging he had been misclassified as an independent contractor and was owed unpaid overtime. The district court summarily agreed that Merritt should have been classified as an employee and that he had worked at least 816 hours of overtime. The sole issue for trial was whether TFB had notice of that overtime work. Following jury arguments, the jury found that TFB lacked both actual and constructive knowledge of Merritt’s overtime. Merritt challenged this finding, but it was denied. The district court denied Merritt’s post‑trial motions, and the Fifth Circuit affirmed. On appeal, the Fifth Circuit assumed that the district court correctly decided that Merritt was  not  an independent contractor, but an employee. Further, TFB and Merritt agreed that, throughout his employment, Merritt was paid on commission with no obligation to report hours worked. 1. Misclassification Alone Does Not Create Overtime Liability Even though the Fifth Circuit proceeded on the assumption that Merritt was misclassified as an independent contractor, the court emphasized that FLSA overtime liability still requires proof that the employer had actual or constructive knowledge of the overtime work performed. Allowing an employee to work flexible or unlimited hours does not automatically establish employer knowledge of overtime. 2. No Timekeeping System Does Not Equal Constructive Knowledge Merritt argued on appeal that TFB’s failure to maintain a timekeeping system amounted to constructive knowledge of his overtime. The court rejected this argument, holding that the absence of a timekeeping system does not, by itself, show a lack of reasonable diligence by the employer. Constructive knowledge exists where an employer could have discovered overtime through reasonable diligence. Those facts were not present here: because Merritt worked independently, without direct daily supervision, and in a different location from TFB management, and because TFB did not require Merritt to track his time, nor pay him hourly, TFB had no reason to conceptualize his work in terms of overtime hours. 3. Employee Has a Duty to Notify Employer of Overtime The Fifth Circuit also upheld the district court’s jury instruction stating that an employee has a duty to notify the employer when working extra hours. The instruction tracked the Fifth Circuit’s pattern jury instructions and Merritt did not cite any authority to support his argument that the jury charge incorrectly cited Fifth Circuit law. Practical Takeaways for Employers This decision provides helpful guidance for employers, particularly those with highly autonomous or commission‑based roles. Practical takeaways include:  Even where an employee is misclassified, overtime liability depends on proof that the employer knew or should have known about the overtime work. Employees who set their own schedules, work off‑site, and do not report hours make it more difficult to establish employer knowledge. The absence of a timekeeping system, by itself, does not automatically create constructive knowledge. Employers should ensure that employees understand how and when to report overtime if it occurs and remind them to notify payroll or a supervisor if overtime hours are unpaid. Merritt v. Texas Farm Bureau  confirms that FLSA overtime claims remain fact‑intensive and that misclassification alone does not guarantee liability. Employers who allow flexibility and autonomy may still successfully defend overtime claims where they lack knowledge of the work performed.

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