5 Risks of Telecommuting (And How Employers Should Handle Them)
In “Legally Blonde,” Reese Witherspoon’s hairdresser catches the eye of her crush, the sexy delivery driver. In spite of starting with an awkward misfire with the hairdresser smacking the delivery driver in the nose, the...more
Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more
Escalating Enforcement by MSHA of Prohibition against Advance Notice of Inspection - Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at...more
In a new letter of interpretation publically released on April 5, 2013 the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection of non-union worksites, employees...more
On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more
Faced with mounting pressure from the construction industry, the Occupational Safety and Health Administration (OSHA) appears to have acknowledged that there are significant compliance problems with the operator certification...more
Fayetteville, Arkansas—Fayetteville authorities are continuing the investigation into the death of a 20-year-old worker in a accident. The man was covered in soil when a trench collapsed at a construction site on Vue Avenue....more
In a new letter of interpretation publically released on April 5, 2013 (originally dated February 5, 2013), the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection...more
Researchers have reported bronchiolitis obliterans in populations ranging from the builders of boat hauls to Taiwanese women who used a natural weight loss remedy. Still, in the legal and business community, this serious...more
Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA...more
The Occupational Safety and Health Administration (“OSHA”) recently released a Letter of Interpretation authorizing employees at non-union workplaces to designate union organizers to act as their employee representative...more
On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not...more
Chemical manufacturers, distributors and employers of all types need to take note of new Occupational Safety and Health Administration (OSHA) requirements contained in OSHA’s recently modified hazard communication standard...more
The Occupational Safety and Health Administration (OSHA)is suing an employer for an employee's claims that she was subjected to workplace violence concerns in violation of Section 11(c) of the Occupational Safety and Health...more
OSHA has issued a new memorandum regarding the use of temporary workers. In this memorandum, OSHA stated that it will be reviewing the use of temporary workers during every inspection. This enforcement initiative means that...more
In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more
In a recent report released by the Bureau of Labor Statistics, the number of deaths at work is not decreasing, raising concerns about worker safety. With improvements in technology and safety standards, it is hoped that this...more
After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment. The...more
At an American Bar Association meeting in March 2013, Deputy Assistant Secretary of Labor for Occupational Safety and Health Richard Fairfax discussed recent statistics that continue to reflect OSHA’s enforcement efforts....more
With private sector union density steadily declining, unions will take help anywhere they can get it. The most recent case in point: the Occupational Safety & Health Administration (OSHA) issued an interpretation letter on...more
Does your company use temporary workers? OSHA has issued a new memorandum regarding the use of temporary workers. In this memorandum, OSHA has stated that it will be reviewing the use of temporary workers...more
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
On April 29, the U.S. Department of Labor's Occupational Safety and Health Administration announced an initiative to protect temporary employees from workplace hazards. The initiative, announced through a press release and a...more
OSHA has issued a new memorandum regarding the use of temporary workers. See, April 29, 2013 memorandum from Richard Fairfax. ...more
On a construction site, isn’t it enough to protect employees from existing hazards? And what does it matter if no one actually got hurt? The Sixth Circuit recently answered these questions: “No it’s not enough,” and...more
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