OSHA Launches E-Filing for Mandatory Injury and Illness Reports

Randi Klein Hyatt
Randi Klein Hyatt
07/25/2017
On August 1, the Occupational Safety and Health Administration's (OSHA) electronic portal, the Injury Tracking Application (ITA), will go live for employers to file their reports of workplace illnesses and injuries.  OSHA's electronic record-keeping rule, which applies to companies with 250 employees or more, requires employers to submit electronically the OSHA Form 300 (Log of Work-Related Injuries and Illnesses); OSHA Form 300A (Summary of...
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D.C. Circuit Sticks Fork In Cook’s Retaliation Claims

Kollman & Saucier
Kollman & Saucier
04/20/2017
“Patience is a virtue,” the saying goes.  That principle was put to the test recently in a case before the United States Court of Appeals for the D.C. Circuit involving a long-tenured hotel cook who was terminated after being given (more than) his fair share of chances over the years.  Johnson v. Interstate Mgmt. Co., LLC, No. 14-7164 (D.C. Cir. Mar. 3, 2017). Robert Johnson worked as a cook at a Washington, D.C. hotel from 1996 until 2011. ...
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OSHA's New Reporting Rules Take Effect

Randi Klein Hyatt
Randi Klein Hyatt
12/01/2016
The "third time's a charm" applies to even the federal government.  The Department of Labor has not been able to get many ticks in the W column lately with both its Persuader Rule and Overtime Rule getting enjoined from implementation.  Although attempts were made to enjoin these new reporting rules from becoming effective, yesterday, a trial judge denied issuing an injunction against OSHA's new reporting rules. So, as of today, employers are...
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BNSF Railway Vindicated In Employee Termination Decision

Garrett Wozniak
Garrett Wozniak
11/11/2016
In Koziara v. BNSF Railway Co., No. 16-1577 (7th Cir. Oct. 31, 2016), the Seventh Circuit Court of Appeals vacated a nearly half-a-million dollar jury award in favor a fired employee who alleged that he was terminated in retaliation for reporting a workplace injury.  The decision reinforces the principal that an employee’s protected activity will not insulate him from employment decisions based on legitimate reasons. Michael Koziara worked for...
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DOL Releases Guidance For Reporting Workplace Injuries

Randi Klein Hyatt
Randi Klein Hyatt
10/26/2016
On October 19, 2016, the Department of Labor released a guidance memorandum regarding employers’ policies on reporting workplace injuries and illnesses, and further outlined the prohibitions on retaliating for such reporting. In May 2016, OSHA published a final rule requiring employers to have in place reasonable procedures for reporting workplace injuries or illnesses and prohibiting employers from retaliating against employees who make such...
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OSHA Issues Whistleblower Settlement Guidance

Randi Klein Hyatt
Randi Klein Hyatt
09/20/2016
On September 15, 2016, the Occupational Safety and Health Administration issued new guidance on proposed whistleblower settlements.  The new guidance, which can be found here and here, makes clear that language that contravenes public policy and statutory protections cannot be included in any whistleblower settlement agreement between a complainant and an employer. Among other things, OSHA will not approve language that prohibits an employee from...
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Another Reason To Use E-Verify …

Clifford Geiger
Clifford Geiger
11/21/2014
Daisy Construction Company (“Daisy”) hired Jose Campos in 2008, but it did not verify his social security number despite the availability of e-Verify.   One day while working on a traffic crew, Campos was thrown from the back of a truck and injured his shoulder and back. Campos could not work, and he started receiving total disability benefits. Daisy’s workers’ compensation carrier asked Daisy to investigate Campos’ social security...
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NFL Settles Concussion Lawsuits

On August 29th, 201, the court-appointed mediator in the consolidated concussion lawsuits filed against the NFL and other entities announced that the players and the NFL had reached a tentative agreement.  The lawsuits, which had been widely reported in the wake of several high profile deaths allegedly linked to concussions suffered while playing football, were filed by over 4,500 retired football players and allege a host of claims.  The...
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Employer Not Liable for Failing to Do Background Check on Employee Who Raped Coworker

Eric Paltell
Eric Paltell
12/18/2012
A federal appellate court has ruled that the employer of a woman raped by a co-worker is not liable for negligent hiring when it failed to conduct a background check on the co-worker, even though the employee had prior convictions for sexual crimes.  Keen v. Miller Environmental Group, _F. 3d. _ (5th Cir. 12/10/12). The court held that Mississippi law did not impose a generalized duty to conduct background checks, regardless of whether the employer...
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Four More Years: What Does Obama's Reelection Mean for Employers?

With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers?  The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, and other enforcement agencies.  In this post, I’ll give you a high level overview of what I think we are going to see. NLRB:...
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