News & Analysis as of September 19, 2024

Occupational Safety and Health Administration › Department of Labor (DOL) › Administrative Law Judge (ALJ)

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Breaking Ground After Chevron Demolished: What Construction Employers Can Expect in This Next Phase

Fisher Phillips on 7/26/2024

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more

DOL’s Legal Team & OSHA Step Up Enforcement For Repeat & Willful Violations

Hendershot Cowart P.C. on 3/4/2024

In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more

A New Chairperson Now Leads The Occupational Safety And Health Review Commission

Jackson Lewis P.C. on 2/3/2021

Cynthia L. Attwood was sworn in as Chair of the Occupational Safety and Health Review Commission (Review Commission), January 20, 2021, following her designation by President Joseph R. Biden Jr. Ms. Atwood is very familiar...more

ARB Rules That Complaints about Theoretical Violations are not Protected Whistleblowing Activity under Dodd-Frank

Proskauer - Whistleblower Defense on 7/20/2020

On June 18, 2020, the U.S. Department of Labor Administrative Review Board (“ARB”) held that a complaint about a theoretical violation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010...more

Whistleblower Complaint Dismissed Based on Employer’s Reasonable Steps to Ensure Employee Safety

Morgan Lewis - Up & Atom on 4/3/2020

The US Department of Labor (DOL) Administrative Review Board (ARB) recently issued a decision in the case of Evans v. US Environmental Protection Agency, ARB Case No. 2017-0008, ALJ Case No. 2008-CAA-00003 (ARB Mar. 17,...more

Beltway Buzz - August, 2018 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/13/2018

ALJs A-OK at NLRB. In a June 2018 case called Lucia v. Securities and Exchange Commission, the Supreme Court of the United States ruled that Securities and Exchange Commission (SEC) administrative law judges (ALJs) were not...more

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 6/14/2018

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

The National Labor Relations Board 2017 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 2/2/2018

For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more

DOL Flip-Flop: SOX's Anti-Retaliation Provisions Apply to Overseas Conduct After All

Littler on 9/15/2017

In a late-August decision with potentially far-reaching implications for foreign and multinational employers, the United States Department of Labor Administrative Review Board (ARB) held that the Sarbanes-Oxley Act's (SOX)...more

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

Holland & Knight LLP on 10/26/2016

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

Affordable Care Act Whistleblower Complaint Procedures

McDermott Will & Emery on 10/17/2016

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review

Seyfarth Shaw LLP on 8/23/2016

Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more

OSHA Launches “Expedited Case Processing Pilot” For Whistleblower Claims

Proskauer - Whistleblower Defense on 8/22/2016

On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. The program enables a complainant filing claims under whistleblower...more

OSHA Releases Final Dodd-Frank Whistleblower Regulations

Proskauer - Whistleblowing & Retaliation on 3/23/2016

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”). The following are the key features of the rule...more

OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

Seyfarth Shaw LLP on 12/30/2015

An Administrative Law Judge has held that the Occupational Safety and Health Review Commission (OSHRC) “may have authority under the Occupational Safety and Health Act” to order abatement measures sought by the Occupational...more

Eighth Circuit Rejects OSHA’s Interpretation of Guarding Standard in Worker Fatality Appeal

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/22/2015

On October 13, 2015, the Eighth Circuit Court of Appeals ruled in favor of Loren Cook in an 8–4 en banc decision in the carefully-watched machine guarding case of Perez v. Loren Cook Company, Eighth Circuit Court of Appeals,...more

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

Littler on 8/18/2015

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

Agencies Issue Proposed Rule, Guidance on Blacklisting Executive Order

Littler on 5/27/2015

The federal agencies charged with implementing President Obama's July 31, 2014 Fair Pay and Safe Workplaces Executive Order have released their much-anticipated proposed rule on this directive. On May 27, 2015, the Department...more

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

Proskauer - Whistleblowing & Retaliation on 4/14/2014

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling...more

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