News & Analysis as of September 21, 2024

Workplace Injury

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on 5/24/2023

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

The Top 18 Workplace Law Stories from March 2022

Fisher Phillips on 4/7/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

Morgan Lewis - Up & Atom on 5/15/2020

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

Littler on 3/4/2020

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove...more

Legislation and Case Law in France / Second Half-Year 2019

Dechert LLP on 1/14/2020

Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

McAfee & Taft on 5/23/2019

On May 21, 2019, the Oklahoma Supreme Court issued a long-awaited decision that is good news for employers and, at least for now, finally makes clear there is only one path for filing workers’ compensation-based...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on 5/26/2017

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Sobering Reflections on OSHA’s New Drug Testing Policy

Orrick - Employment Law and Litigation on 11/21/2016

In May 2016, the Occupational Health and Safety Administration (“OSHA”) announced its final rule to “improve tracking of workplace injuries and illnesses.” Effective December 1, 2016, the rule targets retaliation against...more

Workplace Drug Testing and New OSHA Regulations

Tucker Arensberg, P.C. on 10/27/2016

Every employer has a drug testing policy – even if that policy is to not test its employees or prospects. Performing drug testing on current or prospective employees requires specific criteria, and proper handling of the...more

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

Jackson Lewis P.C. on 8/5/2016

Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of...more

Front Pay & Back Pay: How About No Pay?

Butler Weihmuller Katz Craig LLP on 8/4/2016

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility. Shortly thereafter,...more

Missouri Supreme Court Lowers Employees’ Burden Of Proof In Workers’ Compensation Retaliation Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2014

The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging...more

Retail Industry Update - December 2011, No. 4: “I’ll Get You For This” - Avoiding Charges Of Workers’ Comp Retaliation By Ed...

Fisher Phillips on 12/2/2011

In October, the U.S. Court of Appeals for the 10th Circuit upheld a jury’s decision that a package delivery company had retaliated against one of its workers for filing a workers’ compensation claim. Fortunately for the...more

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