Adams and Reese LLP

OSHA Delays Enforcement of New Confined Spaces in Construction Standard

This is a follow-up to our July 24, 2015 bulletin regarding OSHA’s new Confined Spaces in Construction Standard. OSHA has announced that it will, again, delay the enforcement of this new standard – which provides construction…more
| Administrative Law, Construction Law, Labor & Employment Law

OSHA Fines to Increase by Nearly 52%: This marks the first time penalties have increased in 25 years

OSHA critics often complain that the maximum allowed penalties have not changed since 1990 when the penalties were set at $7,000 (other than serious and serious) and $70,000 (repeat or willful). The “Bipartisan Budget Act of…more
| Administrative Law, Labor & Employment Law

Tennessee Supreme Court Reverses Course and Jettisons Unworkable Summary Judgment Standard

Recently, the Tennessee Supreme Court entered its opinion in Rye v. Women’s Care Center of Memphis, MPLLC. In it, the Supreme Court held the analytical framework governing summary judgments in Tennessee state courts since 2008…more
| Civil Procedure

OSHA’s New Reporting Rules: How rather basic concepts morphed into incredibly strained definitions

Effective January 1, 2015, the rules related to the reporting of certain incidents to OSHA changed. The old rules required that employers report the hospitalization of three or more employees and the death of one or more…more
| Labor & Employment Law

Six Steps Banks Should Implement to Ensure Their Security Procedures are Commercially Reasonable

Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more…more
| Civil Procedure, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

White House Announces Another Round of Sweeping Regulatory Adjustments to Cuban Sanctions

Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the…more
| Elections & Politics, International Law & Trade

Recordkeeping and Reporting Post-BFI

In a prior OSHA Bulletin, we wrote about the National Labor Relations Board’s decision in the case of Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business…more
| Labor & Employment Law

OSHA Violations: Managers and Others May Have Personal Civil and/or Criminal Liability

Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though…more
| Labor & Employment Law

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the…more
| Labor & Employment Law

Government Latin Lessons

A couple of years ago, we discussed in an article in this publication the willingness of Centers for Medicare & Medicaid (“CMS”)and the United States Attorneys’ Office to pursue actions for violations of the False Claims Act in…more
| Government Contracting, Health

DOL Facing Backlash over Proposed Increase in Overtime Pay

Friday, September 4 is the final day to provide comments on the legislation. As the end of 60 day period for public comment on the proposed revisions to the U.S. Department of Labor's ("DOL") overtime rule approaches, the…more
| Labor & Employment Law

New Texas Law Lists Requirements for Condominium Defect Litigation

The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law, Real Estate - Residential

OSHA Issues Notice of Proposed Rulemaking in Response to Court Ruling

On July 29, 2015, the United States Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking clarifying its position on an employer’s obligation to make and maintain “accurate” records of each…more
| Labor & Employment Law

Supreme Court Takes on Housing Discrimination

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor…more
| Civil Procedure, Civil Rights, Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

OSHA Issues Temporary Enforcement Policy for Confined Spaces in Construction

On July 9, 2015, the United States Department of Labor's Occupational Safety and Health Administration (OSHA) announced a 60-day temporary enforcement policy of its Confined Spaces in Construction standard which becomes…more
| Construction Law, Labor & Employment Law
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