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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The Ministerial Exception: An Important Defense for Religious Employers

In our representation of religious institutions, inquiries regarding the ministerial exception and its implications in employment law often arise. The ministerial exception grants individuals performing ministerial duties exemption from certain discrimination laws, such as those related to age, sex, and disability. Remarkably, ministerial credentials are not mandatory, but the job position must play an integral…

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Kentucky Special Olympics Celebrates 48 Years

WKT Law wishes the Special Olympics organization a happy 50th year anniversary and a happy 48th anniversary to Special Olympics Kentucky! On August 19th, Special Olympics Kentucky will hold an anniversary celebration with all current/former athletes, coaches, families, and volunteers at Valley High School in Louisville. For more information on the celebration, contact Jennifer McMahon at 502-695-8222…

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FMSHRC Rules on Correct Standard for Approval of Settlements

On August 2, 2018, the Federal Mine Safety and Health Review Commission (“Commission”) issued a decision in Secretary v. The American Coal Company, Docket No. LAKE 2011-13, reiterating the correct legal standard to be applied by the Commission and its administrative law judges (“ALJs”) in reviewing proposed settlements.   The Commission held that, in effectuating…

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OSHA: “Five Contractors Cited Following Fatal Kentucky Shipyard Explosion”

“OSHA cited five contractors for safety and health violations after three employees were fatally injured and two others critically injured following an explosion on board a towboat. The five companies collectively received 55 violations with proposed penalties totaling $795,254. The employers were ship repair contractor First Marine, LLC, which has been placed in the agency’s Severe Violator…

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Sixth Circuit Rules on Appointment of FMSHRC ALJs

On July 31, 2018, the United States Court of Appeals for the Sixth Circuit issued a decision in a case Noelle Holladay True from our firm is handling, Jones Brothers, Inc. v. MSHA, Case No. 17-3483, ruling that the Federal Mine Safety and Health Review Commission (“Commission”) did not properly appoint the administrative law judge…

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