News & Analysis as of

Employer Liability Issues Food Manufacturers

Littler

DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors

Littler on

The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more

Burr & Forman

“Feeding the World vs. Employee Health and Safety: A Balancing Act,” The National Provisioner

Burr & Forman on

In a filmed interview published by The National Provisioner on May 14, 2020, Christine Tenley shared her thoughts on how meat processing plants can strike the balance between fulfilling their crucial role in the food supply...more

Bilzin Sumberg

A Recipe for Disaster: The Impact of COVID-19 on Food Safety and the Food Industry

Bilzin Sumberg on

The rapid spread of COVID-19 (also commonly referred to as “novel coronavirus”) has caused nations and organizations across the world to take emergency action in the interest of public health. Most companies are issuing...more

Seyfarth Shaw LLP

OSHA Updates National Emphasis Program on Amputations in Manufacturing Industries

Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA recently updated its National Emphasis Program on Amputations in Manufacturing Industries (NEP), adding a targeting methodology for industries with high employer-reported amputation statistics....more

Robins Kaplan LLP

Financial Daily Dose 9.12.2019 | Top Story: Purdue Pharma Reaches Tentative Comprehensive Opioid Crisis Settlement

Robins Kaplan LLP on

The White House is reportedly nearing a nationwide ban on most flavored e-cigarettes, a direct response to the recent spate of vaping-related illnesses that have affected hundreds across the country....more

Holland & Knight LLP

Food and Beverage Law Update: July 2019

Holland & Knight LLP on

Wage and Hour - 80/20 Rule Still Followed in Some Parts - The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Schwabe, Williamson & Wyatt PC

Public Hearing Set for Amended Overtime Statutes

Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more

Fisher Phillips

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

Fisher Phillips on

Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more

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

Blowing the Whistle on Food Safety: OSHA Issues a Final Rule Related to FDCA Complaints

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it has issued procedural rules for enforcement of whistleblower complaints alleging violations of the...more

Bergeson & Campbell, P.C.

EPA Announces Revisions to Its Worker Protection Standard

On September 28, 2015, the U.S. Environmental Protection Agency (EPA) announced revisions to its worker protection standard. EPA states that these revisions are intended to “enhance the protections provided to agricultural...more

U.S. Equal Employment Opportunity Commission...

Hillshire Brands Company Sued by EEOC For Racial Harassment at Sara Lee Plant

Federal Agency Charges Racist Comments and Graffiti in the Worksite - DALLAS - Hillshire Brands Company (formerly known as the Sara Lee Corporation) violated federal law by subjecting a class of African-American...more

U.S. Equal Employment Opportunity Commission...

EEOC’s Pattern-Or-Practice Claims Against JBS to Proceed to Trial, Federal Judge Orders

Federal Court Denies Meat Processor's Motion for Summary Judgment on Agency's Title VII Race, National Origin, and Religious Discrimination and Retaliation Case - DENVER - A federal judge has denied, in its entirety, the...more

Seyfarth Shaw LLP

Where’s the Beef Part II: Court Refuses To “Butcher” EEOC’s Religious Discrimination Claim

Seyfarth Shaw LLP on

Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered...more

Dorsey & Whitney LLP

Quirky Question #257, Food for thought – whistleblowing claims against agricultural companies

Dorsey & Whitney LLP on

You are right to be concerned. Under the FDA Food Safety Modernization Act (FSMA), employees who work for entities engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or...more

U.S. Equal Employment Opportunity Commission...

EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit

Doumak Agrees to Modify Leave Policies at Manufacturing Facilities - CHICAGO - Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability...more

Polsinelli

For Whom the Whistle Blows

Polsinelli on

In This Issue: - Applicability and Protected Activity - Procedure Governing Section 402 Claims - Five Steps to Compliance - For More Information - Excerpt from Applicability and Protected...more

U.S. Equal Employment Opportunity Commission...

Harrison Poultry Sued by EEOC for Disability Discrimination

Poultry Hatchery Fired Employee While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc. a poultry hatchery located in Bethlehem, Ga., unlawfully terminated an employee with a disability who...more

Morgan Lewis

FSMA Whistleblower Lawsuit Filed in Federal Court

Morgan Lewis on

Food industry should be aware of new risks associated with whistleblower protections for food and beverage company employees. On June 6, one of the first whistleblower lawsuits under the Food Safety Modernization Act...more

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