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HTMLCiting Abuse of Discretion, Mining Commission Vacates Inspector’s Orders
Avidan Meyerstein; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 28, 2016
The Federal Mine Safety and Health Review Commission has vacated orders alleging a Minnesota mine operator failed to abate citations within the time set by an inspector, holding that the inspector abused his discretion by setting arbitrary abatement times. Sec’y of Labor v. Hibbing Taconite...

 

HTMLOSHA Sets 400% Fine Increase for Reporting Rule Violations
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 28, 2016
Raising the maximum fine 400 percent for failing to timely report a work-related severe injury and increasing the likelihood for on-site inspections of employers who report a serious injury are among changes reflected in new guidance released by the Occupational Safety and Health Administration.

 

HTMLOSHA Releases Final Rule on Respirable Crystalline Silica
Henry Chajet; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 24, 2016
The Occupational Safety and Health Administration (OSHA) has released a pre-publication copy of its final rule, Occupational Exposure to Respirable Crystalline Silica. The rule will be published in the March 25, 2016, Federal Register and will be effective in 90 days.

 

HTMLOSHA Relaxes Pleading Standards in Whistleblower Cases, More Complaints Expected
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
Employers face the possibility of an increase in whistleblower complaints under new guidance from the Occupational Safety and Health Administration that relaxes the standard for investigators tasked with determining if a violation of a whistleblower statute exists. OSHA provides whistleblower...

 

HTMLSenate Bill Takes Aim at 1,933% Increase in Data Collection Proposed in EEO-1 Pay Data Revisions
F. Christopher Chrisbens, Garen E. Dodge, Stephanie E. Lewis, Laura A. Mitchell, Jennifer L. Seda; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 22, 2016
Senate Bill 2693, the “EEOC Reform Act,” would put a halt to implementation of the proposed pay data revisions to the EEO-1 report so the Equal Employment Opportunity Commission instead can focus on the tremendous backlog of “76,408” discrimination charges pending at the...

 

HTMLHow Wisconsin’s Reversal of Decades-Old Ban on Switchblades and Knives Applies to Employers
Mark P. Tilkens; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 22, 2016
A new Wisconsin law has repealed the state’s prohibition (which has existed for more than 50 years) on manufacturing, selling, transporting, purchasing, or possessing a switchblade and which subjected violators to $10,000 in fines and nine months in jail.

 

HTMLTennessee in Last Stages of Approving Guns on Campus
Colby S. Morgan, James R. Mulroy; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 22, 2016
The Tennessee Senate has approved passage of a bill that will permit public college and university employees and students holding handgun carry permits to transport or store a firearm or ammunition in their own vehicles on campus without facing any adverse or disciplinary action. The House has...

 

HTMLMining Safety Agency Issues Hazard Alert on Pipe Safety
Donna Vetrano Pryor; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 21, 2016
In a March 3 letter M/NM operators that accompanied the alert, the agency briefly described how six individuals, including two delivery truck drivers and two contract workers, have died in fall-of-material pipe incidents since 2008. The latest fatality occurred in February 2016, when a 61-year-old...

 

HTMLDefective Loader Moves Too Slowly to Cause Injury, Judge Says, Finding Mine Violation Not Serious
R. Brian Hendrix; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
Although a defective piece of mobile equipment, which was restored to service, improperly moved despite the inactivation of the equipment, it did so too slowly to make an injury reasonably likely, an administrative law judge (ALJ) has ruled.

 

HTMLU.S. Supreme Court: For Federal Diversity Jurisdiction Purposes, Trust Takes Citizenship of Members When Sued in Trust’s Name
Allison P. Dearington, Collin O'Connor Udell; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 16, 2016
“While humans and corporations can assert their own citizenship, other entities take the citizenship of their members,” the U.S. Supreme Court said in a short, unanimous decision penned by Justice Sonia Sotomayor. Americold Logistics, LLC v. ConAgra Foods, Inc., No. 14-1382, 2016 U.S....

 


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