News & Analysis as of

Workplace Safety Employment Litigation

Blake, Cassels & Graydon LLP

Risques à surveiller en matière de congédiement déguisé

Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more

Husch Blackwell LLP

Washington Establishes New Standard for Deliberate Injury Exception in Latent Disease Cases

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In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Littler

Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful...

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A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by...more

Proskauer - California Employment Law

If You’re Experiencing a Massive Jury Verdict, Hang Up and Dial 911!

A California jury did it again! Last Thursday, a Los Angeles jury awarded $27.5 million to a former chief nursing officer of a hospital for the alleged post-traumatic stress disorder and other psychological problems she...more

Cranfill Sumner LLP

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

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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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Cozen O'Connor

Facial Hair, Firefighters, and Free Exercise

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A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Wrongful Death Suit Against Hospital and Co-Employee in Fatal Parking Lot Accident

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Jameel, etc. v. Dember, et al., No. A-1225-23 (April 28, 2025) - A wrongful death and survivorship action arising from a fatal accident in a hospital employee parking lot was dismissed after the New Jersey Appellate Division...more

Littler

Deepfakes and Digital Harassment: What Employers Need to Know in 2025

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The landscape of workplace harassment has evolved beyond physical offices, after-hours texts and off-site events. Employers now face a sophisticated and deeply unsettling threat: deepfake technology. Once the domain of tech...more

Bradley Arant Boult Cummings LLP

Burn Grooming Policy, Burn? Third Circuit Reignites Bearded Firefighter’s Religious Accommodation and Free Exercise Claims

If you have a grooming policy based on safety factors (like no beards for firefighters), does that trump an employee’s request for a religious accommodation? Maybe not. A recent Third Circuit decision, Smith v. City of...more

Parker Poe Adams & Bernstein LLP

Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

For employers, workers' compensation laws act as both a sword and a shield. While injured employees do not have to prove negligence resulting in the injury, they cannot sue the employer for personal injury outside of the...more

K&L Gates LLP

Harassment in the Workplace: A Major Challenge for Employers in France

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During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

“Crawling Through a River of (Metaphorical) Sewage: What The Shawshank Redemption Taught Me About Law Firms, Narcissists, and...

Let’s get one thing straight: The Shawshank Redemption isn’t just about prison. If you think it’s just a story about a guy escaping through 500 yards of foulness, you’re missing the point—and probably still stuck in your own...more

Farella Braun + Martel LLP

[Webinar] Speech, Safety, and the Law: When Politics Enter the Workplace - May 29th, 9:00 am - 10:00 am PT

Political conversations are common in the workplace. While employees value their free expression, several practical steps can serve a dual purpose of supporting employee well-being while minimizing risks. These risks include...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Holland & Knight LLP

Podcast - The Law as a Force for Change

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and...more

Cozen O'Connor

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

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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

Ius Laboris

Under Pressure: Mental Health at Work in Times of Uncertainty

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Today is the World Day for Safety and Health at Work. To mark the occasion, we take a look at the important area of mental health in the workplace, something that has become one of the most pressing concerns for employers...more

Goldberg Segalla

Labor Law Update - Spring 2025

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The spring edition reveals an emerging pattern in addressing the Sole Proximate Cause defense and compliance with the Labor Law. It has been well established that the Sole Proximate Cause Defense will not apply if there was a...more

Conn Maciel Carey LLP

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

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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

Conn Maciel Carey LLP

[Webinar] MSHA Whistleblower Update and Understanding 105c - April 22nd, 10:00 am PT

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Whistleblower complaints represent a distinct category of MSHA investigations, primarily rooted in employment law rather than safety and health regulations. This distinction often leads to misunderstandings and mishandling by...more

Carr Maloney P.C.

When is an injured worker’s own conduct a defense to liability under New York’s Scaffold Law?

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In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more

Marshall Dennehey

Did the Cat Move the Ladder?

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Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Farella Braun + Martel LLP

Navigating the Transition the Return to Office Trend

The complex shift from remote work to in-office work requires careful consideration to balance efficiency and employee well-being. This crucial balance directly impacts employee satisfaction, retention, and organizational...more

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