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The Occupational Safety and Health Administration (“OSHA”) issued a July 1st news release stating that it had proposed penalties for alleged violations by Outdoor Furniture Refinishing, Inc. (“OFRI”). The news release...more
The Occupational Safety and Health Administration (“OSHA”) issued a January 17th news release stating it was proposing to assess penalties against SK Battery America Inc. (“SK”) for alleged violations. SK is described as a...more
Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety...more
The New York State Court of Appeals recently upheld three decisions in favor of defendants in cases involving alleged violations of Section 240(1) of the New York State Labor Law. Section 240(1) imposes strict liability on...more
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
On March 8, 2023, the Oregon Senate passed Senate Bill 592, which, if passed by the House and signed by the governor, would significantly increase the penalty amounts that the Oregon Occupational Safety and Health Division...more
Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more
Friday, February 17, 2023: In the Ongoing Push to Make More Companies Liable for Worker Employment Claims, California Again Seeks to Set the Pace - The great seal of the State of CaliforniaAs more and more federal and...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...more
In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more
On August 12, 20222, the Occupational Safety and Health Administration (OSHA) issued a citation to a farm labor contractor alleging violations for exposing workers to high ambient outdoor heat following the death of a worker...more
Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety...more
While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more
CONSIDERATIONS FOR EMPLOYERS AS OSHA PENALTIES SOAR TO NEW HEIGHTS - The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies,...more
A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See...more
Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more
In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment...more
The Occupational Safety and Health Administration (“OSHA”) issued a November 12th news release stating that it was proposing to assess penalties to Marc Jones Construction LLC (“MJC”) for alleged violations of federal...more
Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. The update explains and clarifies the...more
The Delta variant of COVID-19 is wreaking havoc on businesses nationwide. Clients are contacting us daily with urgent questions as to how to deal with Delta and its impact on operations. As we ride the Delta wave, we...more
California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated. The Labor...more
OSHA’s enforcement activity has been accelerating as the number of COVID-19 cases has increased. Now OSHA has issued a guidance designed to give employers an understanding of the most commonly cited violations arising from...more
Since March 12, there have been 937 lawsuits (including 96 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus....more
Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more
A temporary restraining order (TRO) was granted against a McDonald’s franchise by a California Superior Court judge in response to the franchise’s alleged inability to take proper precautions to keep the community safe from...more