In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization. Our speakers specifically address whether OSHA has the legal authority to define what “authorized representative” means without referencing the National Labor Relations Act (NLRA)—or whether OSHA’s efforts are preempted by the Occupational Safety and Health (OSH) Act. Phillip and Frank discuss potential challenges to the walkaround rule, what employers can do during the comment period, what employers can expect given the current political climate (including the upcoming elections and the Supreme Court’s impending Chevron deference case), and the effects of this proposal if the rule survives potential challenges and becomes final.
Diversity and Inclusion at Work: How U.S. Law Impacts Diversity & Inclusion Initiatives in the Context of the COVID-19 Pandemic
In this episode of our Diversity and Inclusion at Work series, Sarah Platt and Brazitte Poole discuss diversity and inclusion laws and initiatives to consider during and after the COVID-19 pandemic. In highlighting issues they covered in the D&I Legal Surveys, Model Policy & Compliance Tools, they provide common scenarios that employees may encounter and an overview of the various federal and state laws that employers should be mindful of as they return employees to their diverse workplaces.
In this podcast recorded at our recent national Workplace Strategies seminar, Liz Falcone (Office Managing Shareholder, Portland, OR), Evan Citron (Shareholder, New York), and Kathryn Bird (Partner, Toronto) discuss the evolution of the #MeToo movement years after the movement gained significant traction in October 2017. Our speakers comment on how the #MeToo movement has contributed to an increased number of sexual harassment claims and larger damages awards. They also address the legislative response to the #MeToo movement, including limitations on the arbitrability of claims, prohibition of nondisclosure provisions, and longer statutes of limitations.
In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the critical steps for employers to consider after Cal/OSHA issues a citation. Topics include strategies for responding to and defending against citations, key procedural and timing requirements, and how to appeal citations.