Increase in Criminal Enforcement in MSHA Cases

There has been a recent increase in criminal enforcement in MSHA cases.  The increase in MSHA criminal cases stems from a December 17, 2015 Memorandum of Understanding (“MOU”) between the Department of Labor (“DOL”) and the Department of Justice (“DOJ”).  Under the Memorandum of Understanding Investigators are encouraged to investigate workplace safety (including MSHA) violations…

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KY EMPLOYERS: DID THE SUPREME COURT JUST INVALIDATE YOUR ARBITRATION AGREEMENTS?

Arbitration agreements between employers and employees are common. Arbitration agreements have been the subject of many recent court decisions, including the United States Supreme Court decision in Epic Systems Corp. v. Lewis, which upheld the enforceability of employment arbitration agreements with class action waivers.   Notably, the Supreme Court of Kentucky just issued an opinion…

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Tips for Your Company’s Emergency Action Plan (“EAP”)

If you have more than 10 employees, the Occupational Safety and Health Administration (“OSHA”) requires that your company’s Emergency Action Plan (“EAP”) be in written form. What are the minimum requirements of an EAP? 29 CFR § 1910.38(c) requires that an EAP include: Means of reporting emergencies; Evacuation procedures and escape routes; Procedures for employees…

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