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Workplace Hazards Employment Litigation

Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

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Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Goldberg Segalla

Slip Sliding Away: NY Court of Appeals Expands the Scope of Slipping Hazards under Industrial Code § 23-1.7(d)

Goldberg Segalla on

The New York Court of Appeals recently expanded the types of hazards encompassed by Industrial Code § 23-1.7(d). In so doing, the court increased the likelihood of Labor Law § 241(6) liability for property owners, contractors...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Parker Poe Adams & Bernstein LLP

Lawsuit to Enjoin OSHA Violations Ends When Agency Finds No Violations

Section 662(d) of the Occupational Safety and Health Act (OSH Act) allows employees to file suit against employers seeking compliance with the Occupational Safety and Health Administration’s (OSHA) safety standards in urgent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Limits Reach of OSHA’s ‘HazWoper’ Standard

On June 15, 2022, the United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health...more

Dorsey & Whitney LLP

Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

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Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...more

Fisher Phillips

Taking Your Foot Off The Gas Too Early Could Lead To COVID-19 Workplace Safety Lawsuits

Fisher Phillips on

The recent stages of the coronavirus pandemic have been a rollercoaster, with many twists and turns along the way. One week brings promising news of decreased community spread, and the next week concerns of new variants and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these...more

Fisher Phillips

10-Step Plan To Limit Exposure For California PAGA Health And Safety Claims In The COVID-19 Era

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California employers have been faced with an endless uptick of claims filed under the Private Attorneys General Act of 2004 – also known as PAGA – alleging violations of any of the hundreds of enumerated provisions of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Fisher Phillips

A Sign Of The Times: Georgia Businesses Receive COVID-19 Liability Protection

Fisher Phillips on

Businesses in Georgia now have protection from civil lawsuits arising out of alleged COVID-19 exposure, transmission, infection or potential exposure. The Georgia COVID-19 Pandemic Business Safety Act (GCPBSA), which is now...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Limits Punitive Damages in Workplace Safety Lawsuits

On July 1, 2020, Missouri Governor Mike Parson signed Senate Bill (SB) 591, which modifies various provisions relating to civil actions. Notably, for Missouri employers, the bill modifies and restricts the way punitive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Judge Grants TRO Related to COVID-19 Risks at Fast-Food Restaurant

On June 16, 2020, several employees at a McDonald’s franchise in Oakland, California filed a lawsuit against their employer, in a matter entitled Hernandez v. VES McDonald’s (No. RG20064825, Superior Court of California,...more

Dorsey & Whitney LLP

COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation?

Dorsey & Whitney LLP on

Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies... ...more

Verrill

Workers' Comp 2020: Tips and Trends to Manage Workplace Safety

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On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that...more

Seyfarth Shaw LLP

Illinois Employers May Face Liability for Workplace Violence Against Women Under Gender Violence Act

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Seyfarth Synopsis: New Decision from Illinois Court of Appeals holds that employer can be liable for workplace violence under Illinois Gender Violence Act....more

Seyfarth Shaw LLP

Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

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Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Noteworthy OSHA Cases from 2018

The year 2018 saw the issuance of several noteworthy federal workplace safety and health decisions. Three of those decisions came in the cases of Secretary of Labor v. Angelica Textile Services, Inc.; United States v. Mar-Jac...more

Seyfarth Shaw LLP

5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

Seyfarth Shaw LLP on

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more

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