News & Analysis as of September 18, 2024

Occupational Safety and Health Administration › Summary Judgment

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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 -

Appellate Division Affirms Summary Judgment Against Employer Due to the Exclusive Remedy Provision of the Act and Affirms Summary...

Marshall Dennehey on 12/21/2023

Cannon v. Bravo Pack, Inc. and Kraft Machines Inc. v. Employers Preferred Ins., No. A-1702-21 (Oct. 31, 2023) and Cannon v. Bravo Pack, Inc. and Bravo Pack, Inc. v. Employers Preferred Ins., No. A-1731-21 (Oct. 31, 2023) - In...more

A Review of Recent Whistleblower Developments - July 2023

Foley & Lardner LLP on 7/27/2023

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent - On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee...more

Ohio District Court Grants Employer Summary Judgment on SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 3/7/2023

On February 15, 2023, the U.S. District Court for the Southern District of Ohio granted a defendant-employer’s motion for summary judgment on SOX whistleblower retaliation claims, holding that the plaintiff failed to...more

Passage of Time Defeats North Carolina Employer Retaliation Claim

Parker Poe Adams & Bernstein LLP on 7/22/2019

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...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

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/12/2018

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on 6/16/2017

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

Constangy, Brooks, Smith & Prophete, LLP on 12/23/2015

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

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Occupational Safety and Health Administration › Summary Judgment

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