News & Analysis as of September 22, 2024

Occupational Safety and Health Administration › Dismissals

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Third Circuit Affirms Dismissal of Untimely SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 2/15/2023

On January 4, the Third Circuit affirmed the dismissal of a former bank executive’s whistleblower retaliation claims, holding that two procedural errors doomed his case: he sued before exhausting his administrative remedies;...more

New York Court Dismisses COVID-19 Case Against Amazon

Parker Poe Adams & Bernstein LLP on 11/20/2020

On November 1, a federal court in New York dismissed a lawsuit filed by several Amazon workers that largely sought to compel the company to comply with public health guidance. The case, Palmer v. Amazon.com Inc., was notable...more

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/17/2020

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more

COVID-19 Workplace Exposure Claims Dismissed

Vinson & Elkins LLP on 11/11/2020

One question that employers have been asking since the onset of the pandemic is whether they could be sued by employees who get sick as a result of being exposed to an infected coworker. Plaintiffs’ and defendants’ lawyers...more

Food and Beverage Law Update: October 2020

Holland & Knight LLP on 10/14/2020

More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

COVID-19 and Unprecedented: Litigation Insights - Issue 22, August 2020

Spilman Thomas & Battle, PLLC on 9/2/2020

COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

Spilman Thomas & Battle, PLLC on 7/23/2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

Hinshaw & Culbertson - Employment Law... on 5/22/2020

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

U.S. Federal Court Declines to Decide COVID-19 Workplace Safety Suit

BCLP on 5/8/2020

A federal court recently dismissed a suit brought by meat processing workers that asked the court to force the plant owner to comply with workplace safety guidance issued by the Centers for Disease Control and Prevention...more

It’s Flu Season Again...Are Your Mandatory Vaccination Policies Immune to Legal Challenges?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/31/2018

With flu season here and reported incidents of deaths caused by diseases thought to have been eradicated by vaccines on the rise, many healthcare providers are considering mandatory vaccination of employees. The Centers for...more

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

Bass, Berry & Sims PLC on 11/14/2018

Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more

Employer Not Required to Accommodate Employee's Inability to Wear Safety Shoes

Parker Poe Adams & Bernstein LLP on 9/24/2018

In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more

South Carolina court says 'NO' to employee's claims against Boeing

Burr & Forman on 3/1/2017

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

OSHA’s Anti-Retaliation Rule – Three Things Employers Should Do Now

Spilman Thomas & Battle, PLLC on 12/19/2016

A Texas federal court has refused to enjoin OSHA’s new rule regarding workplace safety and injury reporting, which went into effect on December 1, 2016. Similar to employers’ recent successful challenge of the DOL’s overtime...more

Federal court ruling means OSHA drug testing limitations are now live

McAfee & Taft on 12/16/2016

As we previously discussed, the U.S. Occupational Safety and Health Administration made waves earlier this year with its newly announced position that employers who conduct post-accident drug or alcohol testing might violate...more

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Proskauer - Law and the Workplace on 12/1/2016

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

Sherman & Howard L.L.C. on 11/30/2016

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting

Seyfarth Shaw LLP on 11/30/2016

Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more

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Occupational Safety and Health Administration › Dismissals

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