OSHA and Unions and MSD Are Like Peas in a Pod

People ask me how I developed an OSHA practice since most of my peers (competitors?) are labor and employment lawyers without an OSHA practice. The answer is easy: because of the volume of traditional labor work I do – meaning representing companies against labor unions – I had to learn the ins and outs of…
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New Members to the National Labor Relations Board Will Be Appointed

While England awaits the birth of Prince William and Princess Kate’s first baby, we in the US await the anointing of our next Members to the National Labor Relations Board. OK, I concede more Englanders are waiting with baited breath than we are on this side of the pond. Let’s face it, this fully functioning…
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OSHA Reminds Carpenters About Dangers of Nail Guns

I have represented many construction companies over the years from representing non-union companies through the Associated Builders and Contractors to serving as counsel to the National Association of Remodeling Industry, Central Ohio Chapter. And since OSHA issues make up a significant part of my practice, this latest reminder from OSHA about the dangers of nail…
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“Play or Pay” Delayed, But What Hasn’t Changed?

On the eve of the long July 4th weekend, the Obama administration announced it is delaying three important requirements of ObamaCare that affect employers. Requirements That Are Delayed 1. The “Play or Pay” Mandate Under the “Play or Pay” mandate, large employers must offer affordable, minimum value health coverage to their full-time employees and their…
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DOL Game-Changing “Persuader Rule” Set to Take Effect in November 2013

The Department of Labor recently announced a November 2013 target implementation date for its revised, i.e. skewed against employers, “advice exemption” in the Labor Management Reporting and Disclosure Act (LMRDA). Currently, companies are not required to disclose to the federal government when they receive advice relating to labor relations, from who they received the advice,…
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Recent Supreme Court Ruling on Who is a Supervisor Does Not Affect Supervisor Test Under National Labor Relations Act

By now you have heard that the U.S. Supreme Court recently ruled that an employee is a supervisor when the employer has empowered that worker “to take tangible employment actions against the victim,” including hiring, firing, failing to promote, reassignment, or some other action causing a significant change in employment status. See, Vance v. Ball…
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