Archives: OSHA/Workplace Safety

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OSHA’s Safety “Nudge” to Employers: No Reportable Injuries Is Not Time for a Pizza Party

Think 180 days without an OSHA recordable injury is cause for celebration? Think again. New OSHA rules are potential game-changers to the status quo on safety.  Those rules require notice must be provided to employees explaining their right to report any injury or illness without fear of retaliation for making the report.  That is easy … Continue Reading

You’re Known By The Company You Keep: Leased Employees

All too often, business executives assume that “leased employees” (i.e., workers hired through a professional employee organization; through a temp agency or labor broker; or provided by a contractor but performing on premises under the business’s supervision or control) cannot create liability. Those executives need to listen to more country music.  As Dolly Parton famously … Continue Reading

Successor Liability For Employment-Related Claims: A Pain In The Assets

There is a myth that buyers are protected from employment liabilities arising under prior ownership if there is a broad disclaimer and if it is an asset purchase. Not so. Sure, the “general rule” is that a purchaser of another company’s assets does not assume the seller’s liabilities.* But, employment law is the exception to … Continue Reading

Time Is On Your Side: Supreme Court Provides New OSHA Defense

“The clock is ticking, the hours are going by. The past increases, the future recedes. Possibilities decreasing, regrets mounting.” Haruki Murakami, Dance Dance Dance Most employment lawyers seldom bother reading cases involving other areas: too little time, too little applicability. There are exceptions, including the Supreme Court’s recent decision in Gabelli v. SEC, 133 S.Ct. … Continue Reading