The following are highlights of the OSHA-related news for the week
Read It & Weep: Missed Deadline Leads to Significant Consequences
Your friends at PL Matters aim to keep you updated regarding best practices, especially when it comes to professional obligations. However, sometimes best practices just boil down to the basics, including careful reading of court directives. AT&T recently learned this lesson the hard way. Last week, an appeals court ruled that the telecom giant will have to pay $40 million in connection with a case because its attorneys failed to read a court document.
NY Ethics Opinion Provides Guidance for LinkedIn Users
LinkedIn is perhaps the go to social media site for professionals seeking to promote their achievements and build their brand. LinkedIn has carved a niche within the social media landscape by integrating networking capabilities with the specific needs of professionals hoping to build relationships. Of course, the site also allows users to “endorse” a connection for certain practice areas or to write recommendations as to the user’s skill-set. It is this component of the site that has generated professional ethics issues and opinions. Moreover, the distinction between permissible networking and improper advertising is not always well defined. The NY County Lawyers Association Professional Ethics Committee recently published a formal ethics opinion that provides guidance to attorneys using sites such as LinkedIn.
U.S. Department of Labor Files OSHA Whistleblower Suit in New York Federal Court
OSHA is responsible for enforcing the whistleblower provisions of the Occupational Safety and Health Act and twenty-one other statutes which are designed to protect employees who report violations of various laws in a broad variety of areas. Under the Occupational Safety and Health Act, the U.S. Department of Labor is authorized to file suit against employers who retaliate against whistleblower employees.
Public and Private E-mails Don’t Mix
Hillary Clinton recently made headlines for using her personal email account for business purposes during her tenure as Secretary of State. This high profile example provides us with an opportunity to reflect upon what is commonplace for some. It can be tempting for employees to use personal email accounts to conduct corporate business, particularly when working remotely. However, the highly sensitive nature of Clinton’s job raised questions over the security of using a non-work email account to transmit information. Depending on the nature of your job or the emails that you send, there are risks when mixing personal and business e-mails.
Court Adopts New Test in Harassment Cases
Professionals strive to maintain safe and welcoming workplaces for employees and guests. To further this goal, many firms have incorporated into their employment manuals anti-harassment policies and training. Yet, despite such precautionary steps, an employer cannot guarantee an environment free of wrongdoers. In the unfortunate event of a claim, it is up to the court to determine whether an employer that took proactive measures to protect employees is nonetheless liable in employment related harassment claims.
OSHA To Host Second Annual Fall Safety Stand-Down in May 2015
From May 4-15, 2015, OSHA will be hosting its second annual National Safety Stand-Down to prevent falls in construction. According to OSHA, jobsite fatalities caused by falls from elevation accounted for 279 of the 806 construction fatalities recorded in 2012. Additionally, fall prevention safety standard violations were among the top 10 citations issued by OSHA in fiscal year 2014.
Unintended Waiver: the “At-Issue” Exception to the AC Privilege
The attorney-client privilege, the oldest of the common law evidentiary privileges, seeks to encourage thorough and truthful communication between attorney and client. Attorneys know, however, that the privilege is not absolute. One such exception is known as the “at issue” exception, a form of implied waiver of the attorney-client and work product privileges. This form of waiver is unique because it is one which the parties, by commencing litigation that may implicate legal advice, bring on themselves. Let’s take a closer look at this often misunderstood exception to the rule.
OSHA Issues Amended Procedures for Handling Retaliation Complaints Under the Sarbanes-Oxley Act
On March 5, 2015, OSHA issued amended procedures for the handling of retaliation complaints under Section 806 of the Sarbanes-Oxley Act of 2002. The amended procedures, now effective, govern employee protection claims. By way of background, on November 3, 2011, an interim final rule (“IFR”) governing these provisions and requesting comment was published in the Federal Register, 76 FR 68084. Pursuant to the IFR, five comments were received.
Decision Limits Defenses to FLSA Overtime Claims
You’ve heard it before, here and likely elsewhere, of the risks of FLSA overtime lawsuits. Yet, these suits continue to make headlines. Simply put, qualified employers must pay employees at least 1.5 times their regular wage for every hour worked in excess of 40 hours per week.
Lead Exposure Brings $287,440 in Fines from OSHA
Lead exposure can cause long term damage to the central nervous system, urinary, blood and reproductive systems. Without proper protection, employees who encounter lead in the work place can bring this toxic metal home on their clothes, hair and hands. Family members, including pregnant women and children, are put at risk for lead poisoning as a result.
Workers’ Compensation Quarterly – Winter 2015
Timely summaries of decisions from across New York, Connecticut, New Jersey, and Pennsylvania concerning workers’ compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.
Despite Recent EEOC Loss, Employers Must Be Cautious With Criminal Background and Credit Screenings
The U.S. Court of Appeals for the Fourth Circuit recently upheld a district court’s grant of summary judgment dismissing a U.S. Equal Employment Opportunity Commission (EEOC) legal action contending that a company’s policy of using criminal background and credit history checks in its hiring process disproportionately excluded African American applicants
DOL Final Rule Amends FMLA Definition of “Spouse”
The Family and Medical Leave Act (FMLA) provides that eligible employees of covered employers are entitled take unpaid, job-protected leave for specified family and medical reasons. On February 25, the United States Department of Labor (DOL) issued a Final Rule revising the definition of “spouse” under the FMLA to allow eligible employees in legal same-sex marriages to take FMLA-protected leave to care for their spouse or family member, regardless of where they live. The DOL asserts that the amendment will afford spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.
Second Circuit Upholds Summary Judgment for Employer Dismissing Claims of Race and National Origin Discrimination and Retaliation
On Tuesday, February 17, 2015, the Second Circuit upheld Judge Margo K. Brodie’s grant of summary judgment to Owens and Minor Distribution, Inc. (O&M) in a race and national origin discrimination and retaliation case. The Second Circuit agreed with the Eastern District of New York’s decision that O&M, a distributor of medical and surgical supplies, presented a legitimate non-discriminatory and non-retaliatory reason for terminating Mr. Joseph. In its well-reasoned decision, the district court provided a helpful reminder in guiding employers through the employment cycle of an employee with performance difficulties.