Howard Sokol

Howard Sokol

Holland & Knight LLP

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OSHA Revises Rule on Injury and Illness Reporting and Recordkeeping - What Employers Need to Know Now About the Changes Effective...

On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and...more

11/12/2014 - Bodily Injury OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

The Labor Board Signals Change to the Joint-Employer Doctrine - The New NLRB Rule Will Likely Require Businesses to Bargain as to...

The National Labor Relations Board, on May 12, 2014, solicited amicus briefs on whether the board's current joint-employer standard should be changed. It is unmistakable that the Democratic majority on the board has its...more

5/30/2014 - Appellate Briefs Collective Bargaining Joint Employers NLRB

New York's Fair Play Act Changes Rules of the Road for the Commercial Goods Transportation Industry

The New York State Commercial Goods Transportation Industry Fair Play Act, which takes effect March 11, 2014, will change the commercial delivery landscape in New York by making it harder for companies to treat its drivers as...more

2/3/2014 - Compliance Delivery Drivers Independent Contractors Notice Requirements Trucking Industry

OSHA Charges Retail: Higher Fines for Repeat Violations Across Multiple Locations

The Occupational Safety and Health Administration's policy of assessing safety violations on a company-wide basis is in full force. OSHA is assessing the higher penalties associated with repeat safety violations made by...more

1/22/2014

Wal-Mart Agrees to Precedent-Setting Corporate-Wide Settlement with OSHA Over Shopping Cart Full of Violations

The Occupational Safety and Health Administration (OSHA) announced Wal-Mart Stores, Inc.'s corporate-wide settlement agreement with the U.S. Department of Labor ("settlement") on August 7, 2013. The announcement was made by...more

9/5/2013 - Black Friday OSHA Retailers Safety Inspections Safety Violations Settlement Wal-Mart

Second Circuit Affirms Dismissal of Overtime Lawsuit Where Complaint Fails to Allege Extra Hours Worked

The most recent of three similar decisions from the U.S. Court of Appeals for the Second Circuit may limit the risk employers face from overtime lawsuits brought under the Fair Labor Standards Act (FLSA) and the New York...more

8/23/2013

Second Circuit Reverses District Courts and Enforces Individual Arbitration Agreements with Class Action Waivers in FLSA Cases

In American Express Co. v. Italian Colors Rest., 133 S. Ct. 2304 (June 20, 2013), the U.S. Supreme Court ruled, in an antitrust case, that an arbitration agreement that waives the right to proceed on a class basis is...more

8/23/2013 - American Express v Italian Colors Restaurant Arbitration Agreements Class Action Class Action Arbitration Waivers SCOTUS

When Knowing Is No Sure Thing: 11th Circuit Requires OSHA to Dig Deeper Before Imputing Supervisor's Misconduct to Employer

In a recent case of first impression, the U.S. Court of Appeals for the 11th Circuit reversed the Occupational Safety and Health Review Commission (OSHRC) and held that an employer is not automatically liable for the health...more

8/12/2013 - DOL Employer Liability Issues Liability OSHA Supervisors

Protect "Thy" Workplace: OSHA Cites Employer Under General Duty Clause in Fatal Stabbing of Home Healthcare Worker

The Occupational Safety and Health Administration (OSHA) recently issued a citation to Integra Health Management, Inc., finding that the company violated the Occupational Safety and Health Act in connection with the stabbing...more

7/3/2013 - Healthcare Integra OSHA Safety Precautions Workplace Hazards

It’s Getting Harder to Say Goodbye

The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules...more

1/21/2013 - Collective Bargaining Multi-Employer Bargaining NLRA NLRB Repudiation Unions

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

12/13/2012 - Costco Facebook Karl Knauz Motors NLRB Protected Concerted Activity Section 7 Social Media Policy Wal-Mart

OSHA Modifies Hazard Communication Standard

The Occupational Safety and Health Administration’s (OSHA) groundbreaking revisions to the Hazard Communication Standard (HCS) are now final. OSHA’s central purpose in making its major modifications is to align the HCS with...more

7/24/2012 - Globally Harmonized System Hazardous Communication Standard Hazardous Substances Labeling Manufacturers OSHA

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