News & Analysis as of

Workplace Safety Private Right of Action

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Foley & Lardner LLP

Employee Right to Sue for OSHA Violations has Strict Time Limit

Foley & Lardner LLP on

Timing really does matter. In a “first of its kind” decision arising from a Pennsylvania meatpacking plant and its COVID response, a federal appeals court has severely limited when a private person may sue for alleged OSHA...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Limits Employee Private Right of Action Under OSH Act

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more

Hogan Lovells

New York set to amend the New York Hero Act

Hogan Lovells on

As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. ...more

Dorsey & Whitney LLP

The New York Hero Act, Effective this Week, Mandates Permanent New Health and Safety Measures for Private Employers

Dorsey & Whitney LLP on

The New York Health and Essential Rights Act (“Hero Act” or “Act”), which requires every private employer, regardless of size, to establish an infectious disease safety plan, goes into effect today, June 4, 2021.  The Hero...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19 Detection Dogs in the Workplace: A Viable Option for Employers?

As employees return to work, some employers are asking if there could be another tool to detect COVID-19 in the workplace: detection dogs. Traditionally, the military has used detection dogs to find bombs, and law enforcement...more

Sheppard Mullin Richter & Hampton LLP

Is BIPA Preempted? – Illinois Appellate Court Considers Workers’ Compensation Exclusivity Question

As class actions brought under Illinois’ Biometric Information Privacy Act (“BIPA”) proceed through litigation, defendants have made a variety of arguments attempting to push courts to define the limits of the somewhat vague...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

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