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
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. We’re looking at the specific...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. SCOTUS: “Significant” Harm Not...more
This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review...more
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the...more
Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more
Another federal government shutdown appears imminent as lawmakers reportedly remain deadlocked along partisan lines on an agreement to extend funding ahead of a 12:00 a.m. October 1, 2023 deadline. A government shutdown—which...more
Congress May Kick Appropriations Can to December. Like many of us, our elected federal legislators have grown more comfortable with working remotely. That is why this week, even though the U.S. Congress was out on its August...more
Clearly, 2–1 decisions can cut both ways. Mining industry observers will remember that in April 2022, the Federal Mine Safety and Health Review Commission (FMSHRC), in Secretary of Labor v. KC Transport, Inc.—a 2–1...more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more
SCOTUS Recap. Because the Buzz was away briefly, we want to make sure that our readers have seen the thoughtful insights prepared by our colleagues on the impacts to employers stemming from the Supreme Court of the United...more
On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more
The Supreme Court’s EPA Ruling is a Big Setback for Fighting Climate Change, but Not a Death Knell "The ruling opens the door to more litigation, however, which could help the fossil fuel industry delay moves to...more
Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards. Crystalline silica is a...more
MSHA finally has a new leader. On March 29, 2022, the U.S. Senate confirmed by voice vote Christopher Williamson (Williamson) as Assistant Secretary for the Mine Safety and Health Administration (MSHA) at the Department of...more
On September 8, 2021, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced its proposed powered haulage rule for surface mines and surface areas of underground mines. The proposed rule, which...more
The Biden administration has nominated Doug Parker, currently chief of California’s Division of Occupational Safety and Health ("Cal/OSHA"), as the next head of the U.S. Department of Labor’s Occupational Safety and Health...more
On April 9, 2021, the White House issued a press release announcing its nomination of Douglas Parker (Parker) for the position of Assistant Secretary for the Occupational and Health Administration (OSHA). Parker is currently...more
On April 9, 2021, President Biden nominated Doug Parker to lead the Department of Labor’s Occupational Safety and Health Administration. Mr. Parker has served as chief of California’s Division of Occupational Safety and...more
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
Annually in mid-January, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) adjusts its civil penalty assessments, in accordance with the inflation adjustment provisions of the Federal Civil Penalties...more
As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States...more
Where is Everybody? Perhaps due to the impeachment trial of President Donald Trump, it’s been a relatively quiet week in the labor and employment arena in Washington, D.C. President Trump and U.S. Secretary of Labor Eugene...more
Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties. The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020)....more