Searching Content indexed under Employment Litigation/ Tribunals by Craig Simonsen ordered by Published Date Descending.
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Angelica Decision (Finally) Enhances OSHA's Burden To Establish A Repeat Citation
New Review Commission decision refines the definition of what OSHA must prove to establish a "Repeat" violation.
United States
6 Sep 2018
Company And Its Executives/Owners Charged With Criminally Violating Worker Safety And Environmental Laws That Led To Workers' Deaths
A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA), and for submitting false documents to a federal agency.
United States
4 Sep 2018
Failure To Follow Company's Own Internal Procedures Can Be Used Against It In OSHA 11(C) Retaliation Case
A recent Eastern District of Wisconsin case held that an OSHA 11(c) retaliation claim will survive summary judgment where the employer failed to comply with its own investigation procedures.
United States
22 Jun 2018
11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave
While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging.
United States
26 Jul 2017
Restaurant Wrong To Fire Workers Over Email Criticizing The Restaurant And Its Managers
Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker's email that complained about their terms and conditions of employment.
United States
11 May 2017
Eleventh Circuit Finds Insurance Carrier Responsible In Georgia For Harm Done By Intoxicated Employee
In a recent Eleventh Circuit opinion, the Court found that the insurance carrier was responsible, under Georgia law, for the harm caused by an intoxicated employee's vehicle usage.
United States
27 Apr 2017
Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting Deadline
A Texas federal court won't decide the legality of OSHA's rule regarding the "Tracking of Workplace Injuries and Illnesses" until after the July 1, 2017 deadline for employers to comply with the rule.
United States
12 Apr 2017
Eleventh Circuit Finds Insurance Carrier Responsible In Georgia For Harm Caused By Intoxicated Employee
In a recent Eleventh Circuit opinion, the Court found that the insurance carrier was responsible, under Georgia law, for the harm caused by an intoxicated employee's vehicle usage.
United States
29 Mar 2017
Congress Moves To Invalidate OSHA Rule Which Provides Employers Can Be Cited For Five-Years For Injury And Illness Records
Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite...
United States
14 Mar 2017
What NOT To Do In An Investigation – $2 Million Willful Judgment Affirmed Where Employer "Whited-Out" And Edited Time Records
Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records...
United States
6 Mar 2017
Federal Whistleblower Laws Collide With The Attorney-Client Privilege: The Bio-Rad Case Study
Federal whistleblower laws collide with the in-house attorney-client privilege.
United States
27 Feb 2017
OSHA's New Electronic Reporting And Anti-Retaliation Rule Challenged By Industry Groups In Oklahoma
Business organizations have once again brought suit against OSHA's new electronic reporting and retaliation rule, arguing that the proposed online database violates employers' ...
United States
19 Jan 2017
OSHA Again Delays Enforcement Date For New Workplace Injury And Illness Reporting Rule
After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule's effective date.
United States
27 Oct 2016
Federal Magistrate Finds OSHA Warrant To Expand Incident Inspection "Improvidently Granted"
Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection.
United States
6 Sep 2016
OSHA Responds To Manufacturers' Lawsuit On New Workplace Injury And Illness Reporting Rule
This is in follow-up to our earlier blog on OSHA's new rule, Improve Tracking of Workplace Injuries and Illnesses (Rule), 81 Fed. Reg. 29624 (May 12, 2016).
United States
26 Aug 2016
OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants To Request Judicial Review
The U.S. Department of Labor (DOL) is launching a new "Expedited Case Processing Pilot" process in its Region 9.
United States
26 Aug 2016
Tenth Circuit Orders Truck Driver Who Abandoned Trailer On Interstate Highway To Be Reinstated With Backpay
The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal...
United States
19 Aug 2016
Scrap Processor Sentenced On OSHA Criminal Violation Causing Death Of Employee
Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws.
United States
20 Jul 2016
Food Manufacturer Found Liable In Donning And Doffing Case
Even in the face of a collective bargaining agreement the State of Arkansas reconsiders whether employees should be compensated for time they spend putting on and taking off required protective gear.
United States
13 Jun 2016
Nursing Manager, Removed From Patient Case, Seeks Supreme Court Review In Discrimination Case
Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a "separate but equal" rationale when it rejected her claim that her employer discriminated against her based on race...
United States
21 Apr 2016
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