By a 9-0 vote, the U.S. Supreme Court ruled today that by and large, the courts should continue deferring to a federal agency’s reasonable interpretation of its own ambiguous regulations, leaving a good deal of power in the...more
6/26/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Denial of Benefits ,
Judicial Review ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Retroactive Application ,
SCOTUS ,
Veterans' Benefits
The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more
6/16/2017
/ Administrative Law Judge (ALJ) ,
Appeals ,
Citations ,
Construction Industry ,
Construction Project ,
Employer Liability Issues ,
General Contractors ,
OSH Act ,
OSH Review Commission ,
OSHA ,
Safety Violations ,
Secretary of Labor ,
Subcontractors ,
Summary Judgment ,
Workplace Hazards ,
Workplace Safety
The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more
3/4/2017
/ Appeals ,
Commission on Human Rights ,
Damage Caps ,
Dismissals ,
Employer Liability Issues ,
Exclusive Remedy ,
Exhaustion Doctrine ,
Preemption ,
Reversal ,
Sexual Assault ,
Sexual Harassment ,
State Law Tort Claims ,
TX Supreme Court ,
Vicarious Liability