News & Analysis as of August 3, 2025

Occupational Safety and Health Administration › Appeals › Employment Litigation

+ Follow

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

Cranfill Sumner LLP on 7/2/2025

The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries. The employee is normally relegated to filing a...more

Florida Appeals Court Decisions Week of June 16 - 20, 2025

Carlton Fields on 6/23/2025

U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more

Quick Hits: OSHRC Down to Zero Commissioners and Heat Illness Update

Cozen O'Connor on 5/1/2025

The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent...more

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

Conn Maciel Carey LLP on 4/11/2025

Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Parker Poe Adams & Bernstein LLP on 4/7/2023

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Third Circuit Limits Employee Private Right of Action Under OSH Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/9/2023

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more

Eleventh Circuit Limits Reach of OSHA’s ‘HazWoper’ Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/24/2022

On June 15, 2022, the United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health...more

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Bradley Arant Boult Cummings LLP on 11/24/2021

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Fourth Circuit Says Inability to Wear Protective Equipment Made Employee Unqualified for Position

Parker Poe Adams & Bernstein LLP on 12/18/2020

A number of employers have encountered resistance to mask wearing mandates put in place in response to the COVID-19 pandemic. In some cases, employees assert that they have a medical condition that prevents them from being...more

A Forklift Operator Walks into a Bar

Genova Burns LLC on 12/7/2020

On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Passage of Time Defeats North Carolina Employer Retaliation Claim

Parker Poe Adams & Bernstein LLP on 7/22/2019

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...more

Three Noteworthy OSHA Cases from 2018

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2019

The year 2018 saw the issuance of several noteworthy federal workplace safety and health decisions. Three of those decisions came in the cases of Secretary of Labor v. Angelica Textile Services, Inc.; United States v. Mar-Jac...more

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on 12/12/2018

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 11/12/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Fisher Phillips on 8/21/2018

Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more

Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2018

The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 3/14/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

17 Results

/

View per page

Page: of 1