Jason Nutzman is a member of the Labor & Employment Department and Mine Safety & Health Practice Group. Jason represents both coal and metal/non-metal clients before the Federal Mine Safety and Health Review Commission in accident investigations, special investigations, and discrimination investigations conducted by the Department of Labor with respect to the Mine Safety and Health Act.

In his practice, he works with human resource managers and in-house counsel providing employment advice and litigation support to employers. Jason also provides employment counseling to employers from the beginning of the employment relationship through termination and employment advice covering all types of discrimination and wrongful discharge, FMLA, ADA, ADEA and FLSA issues, and non-compete agreements. Jason is also experienced in representing clients regarding labor issues, including dealing with unions during a labor campaign and assisting management with a unionized workforce.

Jason is married to Robyn Eads Nutzman and has three daughters, Taylor, Payton, and Skylar.

Memberships & Affiliations

· West Virginia Coal Association

· Energy and Mineral Law Foundation

· Mining Association of South Carolina, Safety and Health Committee

· National Stone, Sand and Gravel Association, Safety & Health Committee and Council of Counsel

· West Virginia State Bar Association

· American Bar Association, Section of Labor and Employment Law, Committee

Distinctions

· Benchmark Litigation Future Star of South Carolina, 2009-2011

Experience

Decertification Defense
Mining Company
When a miner was facing decertification proceedings from the West Virginia Office of Miners' Health Safety and Training, he turned to Dinsmore.

Publications

May 21, 2012, Coal Talk: Second ALJ Dismisses Late-Filed Penalty Petition

May 14, 2012, Rock Talk: Truck Scales Not a Road Under MSHA's Berm Standard

September 2010, MSHA Launches Conference Program to Address Backlog of Cases Before The Federal Mine Safety & Health Review Commission

February 2010, MSHA Chief Joe Main Announces New Initiative To Begin in March 2010

November 1, 2007, Survey of Kentucky Employment Libel Law

April 11, 2007, 'Different Decisionmaker' Exception and 'Causal Connection' Retaliation Claim Survives in Title VII Sex Discrimination Case

April 7, 2007, Breaking the Bank: An Overview of MSHA's New Civil Penalty Formula

April 1, 2007, Survey of West Virginia Privacy and Related Claims Against the Media

April 15, 2006, Senate Bill 247: West Virginia's Legislative Response to the Sago and Aracoma Mine Accidents

Presentations

June 26, 2013, The Task of Task Training

May 29, 2013, What Does "Denial of Entry" - Really Mean?

April 30, 2013, MSHA Inspection Webinar: The Ever Changing Face of Advance Notice

March 19-21, 2013, "Planning for the Future Inspections - MSHA's Rules to Live By," National Stone, Sand and Gravel Association AGG1 Academy, San Antonio, Texas

February 21, 2013, Evaluating the Impact of MSHA's "Pattern of Violations" Final Rule

November 7, 2012, MSHA Regulating by Administrative Fiat? Yes!

October 23, 2012, "Section 104, Citations, Gravity-S&S, Negligence, Unwarrantable Failure, and Flagrant Violations," North Carolina Mine and Quarry Bureau, North Carolina Mine Safety & Health Law School, Morganton, North Carolina

October 17, 2012, Update on the Federal Mine Safety and Health Review Commission Cases

September 22, 2012, "Litigation Backlog and Alternative Dispute Resolution," EMLF Mine Safety and Health Law Special Institute, Las Vegas Nevada

September 12, 2012, The Civil Penalty Contest Procedure: Steps to Avoid Delinquency Fines, Interest, and Collection Activity

June 22, 2012, Blurring the lines: Will Coal Mine Operators Become Mine Inspectors?

April 17, 2012, "The MSHA Enforcement Process," Mining Association of South Carolina, 2012 MASC Mining Workshop

March 30, 2012, "Managing Your Mine: Traveling with Inspectors, Dollars and Sense, and Pattern of Violations," North Carolina Aggregate Association 2012 North Carolina Mine Safety Conference, Myrtle Beach, South Carolina

March 14, 2012, "Managing Your Mine: Traveling with Inspectors, Dollars and Sense, and Pattern of Violations," National Stone, Sand and Gravel Association AGG1 Academy, Charlotte, North Carolina

April 19, 2011, "Managing Your Mine History - A Primer on Pattern of Violations," Mining Association of South Carolina Annual Workshop

June 18, 2010, "Wage and Hour Law Issues: How the Fair Labor Standards Act Affects the Health Care Industry," Georgia Hospital Association Webinar

May 18, 2010, "2010 Health Care Legislation - What Employers Need to Know," Spartanburg Area Restaurant Association (SARA)

March 30, 2010, "The Current State of MSHA Litigation: Traveling with Inspectors, Dollars and Sense, and Individual Miner Liability," Mining Association of South Carolina Annual Workshop

February 24, 2009, "Employee Free Choice Act (EFCA) and Amendments to the Family and Medical Leave Act (FMLA)," Spartanburg Area Restaurant Association (SARA)