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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 11
  • October
  • 2018

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OSHA Still Serious About Silica in the Fracking Industry

When asked to speak on safety and OSHA issues at Vinson & Elkins’ Eighth Annual Hydraulic Fracturing Symposium last week, I knew that one subject would dominate my presentation. Much like the PSM standard, which became the primary concern of refiners and chemical companies after OSHA stepped up its enforcement of PSM compliance following the 2005 explosions at BP’s refineries in Texas City, there is no question that the new silica standard is becoming the most significant challenge for health and safety managers in the fracking business (see our previous silica standard coverage here).

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  • 02
  • October
  • 2018

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Simply Because OSHA Says Something is RAGAGEP Doesn’t Make it So

Over six years ago, two colleagues and I tried a month-long trial in the federal courthouse in downtown Detroit, in which we challenged 65 Process Safety Management (“PSM”) citations that OSHA had issued to a large petroleum refinery in Ohio. A year later, the Administrative Law Judge vacated all but five of the citations and reduced the $2,870,000 penalty to $35,000.

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  • 11
  • September
  • 2018

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Juror Bias in the Trump Era?

I have tried many employment discrimination cases since the Civil Rights Act of 1991 allowed for jury trials. Lawyers who represent plaintiffs in employment discrimination cases have told me that they are more likely to strike potentially conservative jurors for the same reasons that defense lawyers will strike liberal ones in a discrimination case.

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  • 06
  • September
  • 2018

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New York Issues Guidance on New Sexual Harassment Law’s Requirements

Earlier this year, I discussed New York State’s new sexual harassment law, which goes into effect on October 9, 2018. In anticipation of the law going into effect, the State posted drafts of a model sexual harassment policy, model complaint form and a model sexual harassment training program on its website last week to assist employers in complying with the new law.

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  • 04
  • September
  • 2018

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New Colorado Statute Provides Data Protection Guidance for Employers in the Centennial State and Beyond

On September 1st, a new data protection law took effect in Colorado. The statute requires Colorado employers to implement procedures to protect and eventually destroy employees’ personally identifiable information, and it expands employers’ notification requirements if employees’ information is compromised as the result of a data breach. While the law provides new duties for Colorado employers, it outlines best practices that should be taken into consideration for employers outside of the state as well.

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  • 30
  • August
  • 2018

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Screening Executive Applicants for “#MeToo” Problems

A few weeks ago in this blog, my colleague Martin Luff discussed how buyers of businesses are increasingly using “Weinstein reps” in corporate transactional agreements in order to ensure that they are not acquiring companies that might be especially vulnerable to harassment litigation which could result in a financial or reputational liability.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel