On August 15, 2024, Massachusetts Governor, Maura Healy, signed legislation that will regulate and ultimately end the sale of protective gear for firefighters that contain per- and polyfluoroalkyl substances (PFAS)....more
On February 5, 2024, OSHA revealed its Notice of Proposed Rulemaking for a new Emergency Response Standard, initiating a public comment period. As we previously reported, the rulemaking is designed to update OSHA’s existing...more
Recent studies have shown that firefighters who worked with aqueous film-forming foam, or AFFF, face an increased risk of developing kidney cancer, testicular cancer, pancreatic cancer, or other types of cancer due to the...more
On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware...more
The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees...more
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers...more
On Monday, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking that would replace the current patchwork of safety regulations covering firefighters and other first responders. OSHA...more
Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more
On December 21, 2023, the Occupational Safety and Health Administration (OSHA) unveiled an unofficial version of its proposed Emergency Response Rule. The Emergency Response Rule, if finalized, would replace an existing rule...more
On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general...more
In a matter of first impression, the Michigan Court of Appeals held that municipalities may use tax dollars assessed under the Fire Fighters and Police Officers Retirement Act (a/k/a “Act 345”) to fund police and fire retiree...more
We recently posted a note regarding the filing of Senate Bill 41 which would require the divestment of State and local public funds from financial services providers that “discriminate without a reasonable business purpose...more
Few courts have yet decided insurance coverage issues in litigation involving per- and poly-fluoroalkyl substances (PFAS). But yesterday, in Crum & Forster Specialty Insurance Company v. Chemicals, Inc., No. H-20-3493, 2021...more
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more
In previous alerts, we addressed potential presumptions in workers’ compensation laws in Pennsylvania and New Jersey for essential employees (with broad and uncertain definitions of this category of workers). Aside from...more
Consumers have gotten stark reminders of the safety risks of two different kinds of products, one a household classic and the other a bootlegger’s nightmare. Caveat emptor about baby powder and street-purchased vaping...more
As most employers know, on March 10, 2020, the World Health Organization (WHO) declared coronavirus disease 19 (COVID-19) a pandemic. While COVID-19 will impact employers in multiple ways, healthcare providers, including...more
A non-profit health care system has received a green light from the Office of Inspector General (OIG) to provide discounted training to local fire department personnel. The OIG reviewed the arrangement in Advisory Opinion No....more
Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more
The U.S. Forest Service deployed a drone for its maiden mission to manage a forest fire in Flagstaff, Arizona earlier this week. The lightning-caused Maroon Fire has been burning for several weeks in the Coconino National...more
This alert focuses on Florida governmental entities that provide benefits to firefighters. Newly adopted Florida Statutes chapter 112.1816, scheduled to go into effect July 1, 2019, provides additional minimum benefits to...more
The court of appeal held that a fire district’s resolution to dissolve the district was not a legislative act subject to voter referendum. Southcott v. Julian-Cuyamaca Fire Protection District, No. D074324 (4th Dist., Mar. 7,...more
The United States Supreme Court began its 2018 term on Monday, October 1. So far, it has agreed to review three employment cases: Lamps Plus v. Varela; New Prime v. Oliveira; and Mt. Lemmon Fire Dist. v. Guido. These cases...more
On May 23, 2018, the Massachusetts Department of Environmental Protection (DEP), in conjunction with the Massachusetts Department of Fire Services (DFS), announced a program to inventory and dispose of pre-2003 firefighting...more
In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more