Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Medicaid Receiving Startlingly Little Attention As Everyone Discusses Medicare
Obama Administration Calls for Free Access to Federally Funded Research
Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments
Should Wall Street Fear Mary Jo White?
Looking Ahead to Washington State’s Legalized Marijuana Marketplace
Congressman: My Plan Would Reduce Student Loan Defaults: Video
Local Governments Continue to Fight States for Right to Govern Fracking
Tax Questions to Ask Yourself with the End of 2012 and the Fiscal Cliff Approaching
Obama Blocks Chinese-Owned Wind Project Out of Concerns for National Security
Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?
Stewart Baker, Former GC of NSA, on Why the Cybersecurity Act Failed & Threat of Tomorrow’s Terrorism
Not Prepared for Healthcare Reform? Three things employers need to focus on now.
Who pays for road damage in Pennsylvania after ACT 13?
Smartphone Data Solution: Sharing Airwaves
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
NLRB Posting Rule Delayed Again, Will We Ever See Resolution?—McKenna Long's Seth Borden
Is there a way to safely use social media in the interview process?
Most Social Security disability claimants wait until they are denied before they hire a lawyer. Does this delay make sense? Atlanta Social Security disability attorney Jonathan Ginsberg says "yes." There is usually no...more
Social Security disability claimants usually wait until their claim is denied before they hire a lawyer. Does this delay make sense? In many cases it does, says Atlanta Social Security disability attorney Jonathan Ginsberg....more
Claimants who are approved for Social Security disability become eligible for Medicare starting at the 25th month after they first become eligible for payment of disability benefits. This 24 month waiting period combined...more
The morning news reports flashes a report that your customer was actually a Ponzi scheme and defrauded numerous people. Of course, this is terrible news for the innocent victims, but, you ask yourself, could my bank be...more
The Alberta Court of Appeal has agreed to hear an employer’s appeal of a judgment of the Court of Queen’s Bench which overturned acquittals, by a Provincial Court judge, of two charges under the Alberta Occupational Health...more
On November 20, 2012, in a reversal significant for Ohio employers with workplace injuries, the Ohio Supreme Court held, in Hewitt v. L.E. Myers, that an employee's failure to use, or the employer's failure to require an...more
True or false: When asked to give a reference for a terminated employee, you should provide only the person's name, dates of employment and, if asked, salary level? True. Furnish just about any other information and –...more
In September of 2012, the Minnesota Court of Appeals held in Sipe v. STS Manufacturing., Inc. et al., No. A11-2082 (Minn. Ct. App. Sept. 25, 2012), that a wrongful termination claim under the Minnesota Drug and Alcohol...more
In This Issue: - Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia): Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers...more
It can be an employer’s nightmare. You are sitting in your office, the telephone rings and it is the police department informing you that one of your employees has just committed an intentional tort (assault and battery,...more
In R. v. Cole, 2012 SCC 53 (October 19, 2012), the Supreme Court of Canada held that employees may reasonably expect privacy in the information stored on their work-issued computers — at least where personal use is permitted...more
The California Supreme Court concluded that a public school district may be held vicariously liable for the negligence of its administrative and supervisory employees for hiring, supervising and retaining an employee who...more
In This Issue: 1. Rockefeller Reintroduces Mine Reform Legislation 2. Whistleblower Protections Added to Highway Bill 3. GAO Endorses Studies Supporting Black Lung Rule 4. Demolition, Underground Construction...more
A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self-funded ERISA plan who sustained injuries in a slip and fall accident. The plan paid health benefits for that...more
Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more
In an unusual development, a director of a medium-sized company has been personally found guilty and fined under the Occupational Health and Safety Act. The company’s Internet site states that its field personnel include a...more
Companies and their owners are increasingly considering the risk of criminal safety-related charges and fines. We have recently reported on the criminal fine against Metron Construction under the Bill C-45 amendments to...more
In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more
The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers...more
In enacting protections from tort liability for negligent hiring and retention claims for businesses that hire and employ rehabilitated ex-offenders, Ohio joins a handful of other states that are introducing such measures to...more
In This Issue: - Obama Directive Aims to Ease Regulatory Burden - Kline Seeks Data on Advance Notice, MSHA Injuries - OSHA Inconsistent on Safety Incentive Program Criteria, GAO Says - IARC Claims Diesel...more
The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...more
We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths of four workers who fell 13 floors when a suspended work platform collapsed. On Friday,...more
On April 6, 2012, the Mine Safety and Health Administration (“MSHA”) unveiled its final rule in the Federal Register entitled “Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health and Safety...more
With high unemployment rates comes increased demand on human resource departments to provide employee references. Even though many employers increasingly shield themselves from providing insight into the former employment...more
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