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Workplace Safety › Employee Misconduct › Employer Liability Issues

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

Bradley Arant Boult Cummings LLP on

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more

Fisher Phillips

New Year, New Goals: Why You’ll Want to Add Workplace Investigation Training to Your 2025 Resolution List

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Before the ink dries on your professional New Year’s resolutions, you may want to add “empower leaders with investigation training.” While most employers appreciate that complaints about potential workplace misconduct or...more

Cozen O'Connor

Fifth Circuit to Review OSHA’s Unpreventable Employee Misconduct Defense

Cozen O'Connor on

Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative...more

FordHarrison

Taking a Stand against Antisemitism - What Can Employers Do?

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It is no secret that antisemitism is on the rise throughout the United States. The Anti-Defamation League’s (ADL’s) 2021 Survey on Jewish Americans’ Experience with Antisemitism found that in the last five years, 63 percent...more

Goldberg Segalla

[Webinar] Defending Against an OSHA Citation: The Unpreventable Employee Misconduct Defense - August 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

The Unavoidable Employee Misconduct defense can help an employer avoid liability for an OSHA citation, but only if it is applied correctly. Join OSHA attorneys Michael Rubin and Stefan Borovina for an interactive webinar on...more

Saul Ewing LLP

Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation

Saul Ewing LLP on

A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See...more

Venable LLP

Fifth Circuit to Employers: "Your Past May Haunt You"

Venable LLP on

Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more

Jackson Lewis P.C.

Can You Claim Employee Misconduct In An OSHA Citation?

Jackson Lewis P.C. on

When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind...more

Seyfarth Shaw LLP

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Shaw LLP on

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

Parker Poe Adams & Bernstein LLP

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

Parker Poe Adams & Bernstein LLP on

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more

Fisher Phillips

Workplace HR and Safety Lessons from Movies: “Untouchable”

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The first full documentary on the fall of film mogul Harvey Weinstein premiered at this year's Sundance Film Festival, and it can provide employers with an important reminder about the need to rid workplaces of sexual...more

Butler Snow LLP

The ADA and the Volatile Employee

Butler Snow LLP on

Jerry’s generally a good employee, but he hasn’t been acting quite right. Co-workers have been taken aback that he’s lost his cool over relatively trivial issues. Although he hasn’t made any overt threats, he gets worked up...more

Fisher Phillips

The Potential Perils Of "Managing Through The Payroll"

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Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more

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