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Criminal negligence causing death charge against auto mechanic reinstated by appeal court

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

Saudi Arabia Update - January 2016

Legal Developments - Labor Law – weekends are not part of annual leave - The Saudi Arabian Labor Law provides that employees shall be entitled to 21 days of paid leave annually, to be increased to 25 days upon...more

Supreme Court Update: Kansas V. Carr (14-449) And Order List

Wiggin and Dana just opened a shiny new office Washington, D.C., but it seems our arrival has been eclipsed by that of another force of nature in the nation's capital. Perhaps anxious to skip town before it's buried, the...more

Employment Law This Week: FTC on Big Data, DOJ/DOL on Safety Violations, External Whistleblowers, NRF Fights Scheduling [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

DOJ shifts enforcement of worker safety violations to Environmental Crimes Section

Deputy Attorney General Sally Quillian Yates announced in a December 17 memo that the Department of Justice (DOJ) and the Department of Labor (DOL) are making a renewed commitment “to utilize criminal prosecution as an...more

OSHA and DOJ to Join Forces on Safety Violations/Penalties to Increase

Employers that violate safety-related laws are likely to face more aggressive enforcement and steeper penalties in the future under new legislation allowing the Occupational Safety & Health Administration (“OSHA”) to increase...more

Contractor jailed for 30 days, fined $45,000 after serious asbestos violations

Every now and then a case comes along to remind us that violators of occupational health and safety legislation can be sent to jail. Mind you, this case involved not only serious safety violations, but also deceit and...more

Summary of judge’s reasons for giving Kazenelson, “unquestionably a person of good character”, a 3 1/2 year jail sentence for...

The judge’s reasons for sending Metron Construction’s project manager, Vadim Kazenelson, to jail for criminal negligence are now available. In our post of January 11th, we reported that the judge had sentenced Mr....more

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting...more

3 1/2 years in prison for Metron project manager, Kazenelson, after criminal negligence conviction

Vadim Kazenelson, the project manager for Metron Construction, was sentenced today to 3½ years in prison for criminal negligence. This is the longest-ever jail sentence handed down for criminal negligence under the...more

Director prosecution and conviction in New South Wales

The NSW work health and safety regulator has brought a successful prosecution against a company director resulting in a criminal conviction and fines against the director and the company. An order was also made requiring the...more

New DOJ and DOL Initiative Marries Environmental Crimes with Worker Safety Violations

The last quarter of 2015 was marked by an ever-increasing drumbeat of employee and union concern over what many viewed as the Occupational Safety and Health Administration’s (“OSHA’s”) anemic enforcement capability. The...more

New California Law Enforcement Reporting Requirements for Officer-Involved Shootings and Use of Force

Attorney General Hopes Data Will Promote Transparency - California law enforcement agencies were given direction this week outlining new responsibilities under state law to report incidents involving shootings or any use...more

Can I Be Criminally Prosecuted for Violating Federal Safety and Health Regulations?

Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards...more

The US Departments of Justice and Labor Announce Expansion of Worker Endangerment Initiative

Just in time for the holidays, the Department of Justice (DOJ) and Department of Labor (DOL) announced a new plan to prosecute crimes that put workers’ health and lives at risk. As explained in the December 17, 2015 press...more

Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and...more

Can I Print a Retraction: A Cautionary Tale of the Lingering Pitfalls of Memoranda and Email Correspondence

On December 3, 2015, a jury empaneled in the United States District Court for the Southern District of West Virginia convicted Donald L. Blankenship of conspiracy to violate federal safety standards, and although he will...more

DOJ Redoubles Efforts to Prosecute Workplace Violations as Environmental Crimes

Reporting that 13 workers in America die each day on the job due to injuries and 150 workers succumb to exposure to carcinogens and other toxic and hazardous substances while working, the United States Department of Justice...more

Criminal Prosecutions and Workplace Safety

On September 15, 2015, we wrote an OSHA Bulletin that summarized a memorandum issued by Deputy Attorney General Yates. You can read the Bulletin here. On December 17, 2015, Yates issued another memorandum that will impact all...more

Employment Law Navigator – Week in Review: December 22, 2015 #3

Last week, a federal judge in the Central District of California made big news when he found that “claims of sexual orientation discrimination are gender stereotype or sex discrimination” prohibited by Title VII of the Civil...more

U.S. Department of Justice Expands Worker Endangerment Initiative

On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to...more

Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,...more

New DOJ Prosecutorial Initiative Blends Environmental and Worker Safety

Companies with Occupational Safety and Health Administration (OSHA) citations may face criminal charges going beyond those allowed under the OSHA statute, under a new Worker Endangerment Initiative and Memorandum of...more

Cybersecurity and Data Privacy and E-Discovery and Information Management: Second Circuit Draws Line Between Employees and Hackers...

Employers in New York face a heightened hurdle to holding employees legally accountable for theft and other misuse of company data after the Second Circuit’s recent decision in United States v. Valle. The Court has held that...more

Global Anti-Corruption Perspective: Top 4 Potential Changes to Look Out for in Australia's Foreign Bribery Regime

Australia's foreign bribery regime may be set for a significant overhaul in 2016 and 2017. Australia's current foreign bribery legislative framework and approach to enforcement are under review, with the commencement of an...more

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