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Internal Investigation’s Privilege Upheld by New York Federal Court

The privilege boundaries of an internal investigation cause restless nights for any lawyer tasked with keeping an internal investigation privileged. On Thursday, the U.S. District Court for the Eastern District of New York (Magistrate Judge Locke) largely upheld the privilege of an internal investigation performed by Company A concerning conduct by Company B that potentially raised...

OSHA Targets Facilitating Arrest of Injured Worker as Potential Retaliation

Last week, a company and its CEO moved to dismiss a unique complaint brought against them by OSHA in the U.S. District Court for the District of Massachusetts. OSHA alleges that the Company and its CEO unlawfully retaliated against an injured worker by initiating a law enforcement investigation into the worker’s identity that led to his arrest. OSHA alleges that the worker...

Contracts for Multi-Employer Projects Should Clearly Address Local Workers’ Comp Regimes

Yesterday, the U.S. District Court for the Eastern District of Louisiana granted summary judgment to a refinery owner and two of that company’s employees in a suit brought by a worker who had been injured while working at the refinery.  Specifically, the worker suffered chemical burns when a substance sprayed onto the worker and through his personal protective equipment.  The...

Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act

Yesterday, the Eleventh Circuit resolved an ambiguity regarding when miners’ survivors can recover benefits under the Black Lung Benefits Act.  Pursuant to the Act, survivors can recover in two ways.  First, they can prove that the miner died from a lung disease caused by pneumoconiosis.  Alternatively, they can proceed under the “automatic entitlement” provision (30...

Injured Railroad Workers Cannot Sue Railroad in State Where Injury Did Not Occur and Where They Do Not Live

The U.S. Supreme Court ruled earlier today that the Montana Supreme Court incorrectly asserted personal jurisdiction over a railroad in two cases regarding on-the-job injuries. Even though both suits were pursued in Montana state courts, neither of the injured workers resided in Montana and neither were injured in Montana. Montana’s Supreme Court predicated its finding of personal...

OSHA Changes Course on Union’s Ability To Participate in Inspections of Non-Union Workplaces

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) officially repealed the “Fairfax Memorandum,” a February 21, 2013 directive (an archived copy of the memo can be found here).  The Fairfax Memorandum explained that workers at a worksite without a collective bargaining agreement could designate a person affiliated with a union or community organization to act...

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