Labor & Employment Law, Energy & Utilities Law

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

by Tracey Holmes Donesky, Kristin Berger Parker | Leonard, Street and Deinard on 5/16/2013

Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more

Under The Dome: Inside The Maine State House 5-3-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 5/8/2013

In This Issue: Legislature Enters Final Stretch; Appropriators Receive Bad News Regarding Revenue Forecast; Tax Reform Proposal Officially Rolled Out; Major Initiatives of the Governor Topic of Debate... ...more

Does Your Oil and Gas Company Use Temporary Workers?

by Carla Gunnin | Baker, Donelson, Bearman, Caldwell &... on 5/3/2013

In this memorandum, OSHA states that it will be reviewing the use of temporary workers during every inspection. OSHA has already been particularly interested in the oil and gas industry. In 2011, OSHA issued a special...more

Alabama Legislative Update – Week 11: As Deadline Nears, Action Increases in Both Senate and House

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 4/30/2013

Momentum is growing in the legislature as the clock ticks toward adjournment. Emotions ran high as legislators worked well into the night during a demanding three-day legislative week. While several significant pieces of...more

Under The Dome: Inside The Maine State House 4-19-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 4/22/2013

A quiet week in Augusta. The House and Senate did not meet and only five Committees met to work on legislation. When the Legislature returns next week, there will be less than two months to go until the statutory adjournment...more

Treasury Releases “Green Book” of Obama Administration FY 2014 Tax Priorities

by Mary Burke Baker, Michael W. Evans, Andrés Gil, Karishma Shah Page, Stefanos Roulakis, Ryan J. Severson | K&L Gates LLP on 4/18/2013

On April 10, the Treasury Department released its “General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals.” Known as the “Green Book,” the document provides an explanation of the Administration’s FY...more

False Claims Act Focus - April 2013

by Mary Beth Bosco, Laurence Freedman, Michael Guiffre, Susan Baldwin Hendrix, Laura Laemmle-Weidenfeld | Patton Boggs LLP on 4/15/2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

Bureau Of Safety And Environmental Enforcement Announces New Rule For Safety And Environmental Management Systems

by Paul B. Smyth, Robert (Bob) P. Thibault | Perkins Coie on 4/10/2013

In an effort to reduce the occurrence of accidents, injuries and spills during oil and gas activities on the Outer Continental Shelf (OCS), the Bureau of Safety and Environmental Enforcement (BSEE) of the U.S. Department of...more

Budget Briefing 2013

by Osler, Hoskin & Harcourt LLP on 3/22/2013

The Honourable Jim Flaherty, Minister of Finance, tabled Budget 2013 today. In his Budget Speech, the Minister lauded Canada’s economic strength and achievements over the last seven years, while acknowledging that there are...more

Court Finds Private Person Can Be Held Liable for Negligent Inspection

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2013

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is effectively what the Supreme Court of Appeals of West Virginia recently held...more

To Pay or Not To Pay: Payment of Wages under Federal Wage and Hour Law

by Michael Pavlick | K&L Gates LLP on 3/7/2013

“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more

Midland Plant Lays Off Battery Workers

by Bruce Goodman | Varnum LLP on 3/6/2013

Dow Kokam, a company jointly owned by The Dow Chemical Company, TK Advanced Battery LLC and Groupe Industriel Marcel Dassault, announced layoffs of U.S. workers in December. The company has a total U.S. workforce of about 250...more

MSHA Revises Pattern of Violation Criteria

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/6/2013

Here is the good news: “MSHA acknowledges…the majority of mine operators are conscientious about providing a safe and healthful work environment for their miners.” So says the Mine Safety and Health Administration (MSHA) in...more

Labor Letter, March 2013: MSHA's Still Making Its POV List, But No Longer Checking it Twice

by Matthew R. Korn | Fisher & Phillips LLP on 3/4/2013

Staying Off MSHA’s “Naughty List” - The Mine Safety and Health Administration (MSHA) recently released a Final Rule that significantly changes the way the Agency charged with protecting America’s miners enforces one of...more

New Caledonia Investment Guide - Baker & McKenzie

by Emmanuel Guillaume, Mathieu Hanaut | Baker & McKenzie Australia on 2/27/2013

In This Issue: New Caledonia - an overview; Company law; Mining law; Environmental law; Immigration; Employment; and Overview of the New Caledonian tax system. Except from New Caledonia - an overview: -...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

OSHA Issues New Enforcement Guidance on Protective Clothing for Oil and Gas Drillers

by Baker, Donelson, Bearman, Caldwell &... on 2/18/2013

OSHA issued a new guidance document in December regarding the use of personal protective equipment (PPE) by oil and gas well workers....more

The Shale Play Today - January 2013

by Carl Hellerstedt, Jr., Arch Riley, Jr. | Spilman Thomas & Battle, PLLC on 2/4/2013

In This Issue: - Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers - Spilman Assists in Transition of Site from Steelmaking to Shale Gas - Natural Gas Fueling Stations Coming to I-79 in W. Va. and...more

Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers

by Carl Hellerstedt, Jr. | Spilman Thomas & Battle, PLLC on 1/31/2013

The U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) announced in December of 2012 the recovery of $187,165 of wages for 69 employees as part of its multi-year ongoing enforcement initiative focused on vendors...more

Employer Fined $85,000 For Failing To Maintain Vehicle’s Brakes

by Adrian Miedema | Dentons on 1/29/2013

There may be many good reasons for employers to maintain their vehicles, but one reason not often considered is avoidance of occupational health and safety charges and fines....more

HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System

by Henry Chajet, Peter Gould, R. Brian Hendrix, Mark Savit | Patton Boggs LLP on 1/25/2013

On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless...more

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

by Tressi L. Cordaro | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/25/2013

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

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Labor & Employment Law › Energy & Utilities Law