Manesh K. Rath

Aug 21, 2019 OSHA Releases Request for Information on Table 1 of the Silica Standard for the Construction Industry
Jul 03, 2019 Recent Criminal Prosecutions of OSH Act Violations: OSHA 30/30 Recap: June 19, 2019
May 30, 2019 OSHA Releases Spring 2019 Regulatory Agenda
Jan 31, 2019 OSHA Publishes Final Rule Revising Requirements for Electronic Reporting of Injury and Illness Data
Jan 28, 2019 OSHA Releases New Silica FAQs for General Industry
Jan 23, 2019 OSHA Increases Civil Penalties to Adjust for Inflation
Dec 14, 2018 2nd Circuit Applied Taxi Cab Overtime Exemption to a Chauffeur Operator
Feb 23, 2018 Keller and Heckman LLP Launches Audit and Inspection Program for Vapor and Tobacco Product Manufacturing Establishments
Nov 30, 2017 OSHA Injury and Illness Recordkeeping UPDATE
Apr 25, 2017 FDCA Criminal Investigations - What Catches the Prosecutor's Eye?
Jan 12, 2017 Ninth Circuit Rejects Administrative Infeasibility As A Basis For Decertifying Class Actions
Jan 05, 2017 Food Court Report - Dismissal of Movie Candy Slack-Fill Case Leaves Sour Aftertaste: Federal Court Rejects Labeling Disclosure Defense
Sep 01, 2016 Workplace Safety and Health Group Authors Article on Law 360
Aug 30, 2016 A $75 Check in Response to a Demand Letter Killed a Potential Class Action
Aug 02, 2016 Food Court Report: Father and Son Food Company Executives Sentenced to Prison for Salmonella Outbreak
Jun 29, 2016 June Food Court Report - The Interplay of FDA Regulation and Food Law Litigation: A Case In Point
May 31, 2016 OSHA Outlines an Ambitious Plan in the Spring Regulatory Agenda
May 27, 2016 "'Artificial Flavors' and 'Chemical Preservatives' - 'Natural' Litigation By Another Name?"
May 17, 2016 OSHA's New Recordkeeping Rule is Here- Do your Recordkeeping Procedures Comply with the New Provisions?
Mar 31, 2016 Trial Court Dismissed Suit Alleging Deceptive Practices in Use of Non-GMO Claims
Mar 01, 2016 Potential Damages in Whistleblower Cases
Feb 24, 2016 New Hazard Alert on Tank Gauging and Sampling for the Oil and Gas Industry
Feb 23, 2016 And You Thought the Recall Was Hard Enough; Wait Till You Get the Grand Jury Subpeona
Apr 17, 2015 OSHA Releases Communication Tower Request for Information
Dec 01, 2014 Workplace Safety Guidance Information Resource: Highly Infectious Diseases
Nov 12, 2014 FOOD COURT REPORT: Food Manufacturer Defeats Class Certification in Labeling Claim Because Putative Class Lacked Ascertainability
Oct 20, 2014 FCC & OSHA Tower Safety
Nov 22, 2013 Understanding the OSHA Temporary Worker Initiative
Oct 30, 2013 OSHA Proposes Revisions to Crystalline Silica Standard
Oct 30, 2013 First Circuit Rules That Employee Work During Break Times Constituted Uncompensated Overtime
Oct 30, 2013 State and Local Laws Expand Employer Duty to Accommodate Family Status
Oct 30, 2013 Sixth Circuit Decision Upholds Board Decision Permitting "Micro Units"
Oct 30, 2013 Second Circuit Rules Class Action Waiver In Arbitration Agreement is Enforceable
Oct 24, 2013 Deadline for Training Employees on the OSHA Hazard Communication Standard's New Label and SDS Formats is Dec. 1
Oct 10, 2013 OSHA's Silica Proposal Up Close: The Good, The Bad and The Ugly Slides
Oct 08, 2013 OSHA's Proposed Silica Health Standard: A Summary of Key Elements
Sep 25, 2013 OSHA 30/30 Crystalline Silica Slides
Aug 29, 2013 OSHA Recordkeeping Violations Are Discrete, Not Continuous, Violations
Jul 12, 2013 Supreme Court Requires "But-For" Causation in Title VII Retaliation Claims
Jul 12, 2013 Supreme Court to Consider Scope of SOX Whistleblower Protections
Jul 12, 2013 OSHA Opines That A Union Representative May Accompany OSHA During Worksite Inspections of Non-Unionized Workplaces
Jul 12, 2013 Offer of Judgment Moots FLSA Collective Action Cases
Jul 12, 2013 NLRB General Counsel Opines That Blanket Policies Mandating Confidentiality In Internal Investigations Violate the NLRA
Jul 12, 2013 Fifth Circuit Applies Outside Salesman Exemption to Route Drivers
Jul 12, 2013 Supreme Court Limits the Definition of a Supervisor Under Title VII
Jul 12, 2013 Individual Damages Calculations Do Not Defeat Class Certification in Ninth Circuit Wage and Hour Case
May 14, 2013 DC Circuit Strikes Down NLRB Union Poster Rule
Apr 12, 2013 DC Court of Appeals Finds NLRB Lacks Authority to Act
Apr 12, 2013 Seventh Circuit Limits What Constitutes a "Medical Inquiry" under Americans with Disabilities Act
Apr 12, 2013 U.S. Supreme Court Requires Commonality In Damages for Class Certifications
Apr 12, 2013 Circuits Split on Whether Post-Charge Retaliation Claim Requries New Charge
Apr 12, 2013 Supreme Court Grants Certiorari On Mixed Motive in Retaliation Claims
Mar 04, 2013 Harris v. City of Santa Monica: Wrongful Termination: Mixed Motives and Damages in California
Jan 11, 2013 Virginia Supreme Court Case Affirms Non-Compete Agreement
Jan 11, 2013 Virginia Supreme Court Allows Wrongful Discharge Claim to Proceed Against Individuals
Jan 11, 2013 Sixth Circuit Rejects Constructive Knowledge Argument in FLSA Class Action for Failure to Pay for Interrupted Breaks
Jan 11, 2013 Court Rejects Proposed FLSA Collective and Class Action Settlement
Jan 11, 2013 Eight Circuit Affirms "Honest Belief" Rule in Internal Investigations, Further Setting Split in Circuits
Nov 29, 2012 NLRB Provides At-Will Employment Guidance
Nov 28, 2012 Failure to Log Hours Dooms Nurse's FLSA Suit
Oct 26, 2012 NLRB Finds Confidentiality Instructions to Violate the National Labor Relations Act
Sep 06, 2012 Review Commission Decision Invites OSHA to Implement I2P2 through an Expansive New Interpretation of Existing Construction Accident Prevention Program Standard
Apr 13, 2012 Employment Alert: NLRB Ruling Paves the Way for More Off-Site Union Elections
Apr 13, 2012 Maryland Passes Bill Ensuring Social Media Password Privacy for Employees
Apr 13, 2012 Employment Alert: Supreme Court Asked to Clarify Definition of "Supervisor" under Title VII
Feb 29, 2012 Client Alert: NLRB Releases Report on Social Media Cases
Jan 05, 2012 SEC Unveils New Dodd-Frank Mine Safety Disclosure Requirements
Nov 22, 2011 OSHA Issues Interim Rules Implementing the Whistleblower Provisions of the Dodd-Frank Act and Sarbanes-Oxley Act In Favor of Employees
Apr 25, 2011 Should Unions Be Allowed To Discipline Employees For Reporting Safety Violations?
Apr 12, 2011 Employment Alert: The Social Security Administration Resumes Sending No Match Letters to Employers
Apr 05, 2011 Employment Alert: Sixth Circuit Upholds Employer's Right to Deny an Employee a Promotion, Even After Employee's Safety Complaints
Mar 04, 2011 Employment Alert: Supreme Court Rules Corporations Do Not Have "Personal Privacy" Under FOIA
Mar 04, 2011 Employment Alert: Supreme Court Issues Decision in Staub v. Proctor Hospital Case
Feb 01, 2011 I-9 Compliance Alert: ALJ rejects ICE Fine Methodology and Reduces Proposed Civil Money Penalties 75%
Jan 24, 2011 Whistleblower Alert: Politics and Procedures: OSHA Keeps Control and DOL Conforms Energy and Environmental Whistleblower Regulations
Jan 05, 2011 Client Alert: Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act
Nov 04, 2010 Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA
Jun 25, 2010 Protecting Children: U.S Regulations May Have Broader Impact On All Businesses
Apr 01, 2010 Critical Regulatory Issues to Consider in a Non-Regulatory Setting
Oct 08, 2009 EEOC ADAAA NPRM Guarantees Spike In Disability Discrimination Claims and Creates a Backdoor Ergonomics Rule
Sep 28, 2009 Transportation Alert: ‘Entrepreneurialism' Makes Workers Independent Contractors
Jul 02, 2009 Employment Alert: ICE Announces Nationwide I-9 Audits Against Targeted Employers
Jun 02, 2009 Client Alert: Employee Retaliation Claims for Failure to Use HR Portal Due to Privacy, Security Fears To Be Heard by Jury
Mar 31, 2009 Employment Alert: Former Employee Who Discovered That Her Employer Accessed Her Personal Email Account Could Not Recover Statutory Damages Under The Stored Communications Act
Jan 23, 2009 Supreme Court Grants Cert on Burden of Proof in ADEA Cases
Oct 24, 2008 DHS Reissues August 2007 No Match Rule With No Substantive Change
Aug 08, 2008 Congress Enacts Broad New Whistleblower Protections For Employees Engaged in the Manufacture, Labeling, Distribution, and Sale of Consumer Products
Jun 11, 2008 President Bush Signs Executive Order Mandating That Federal Contractors Use E*Verify
May 01, 2008 Client Alert: Update on the Electronic Verification Debate
Mar 03, 2008 Maurice Baskin and Manesh Rath Join NFIB's Legal Foundation Advisory Board
Feb 15, 2008 DOL Announces Its Intent to Publish a Notice of Proposed Rulemaking Significantly Altering the Processing and Policing of Temporary Agricultural Labor Certifications
Feb 12, 2008 DOL Proposes Changes To Family Medical Leave Act Regulations
Jan 28, 2008 National Defense Authorization Act Expands FMLA Leave to Cover Military Families
Jan 22, 2008 Employment Law Alert - I-9 Audits Return - Targeting Employers Suspected of Constructive Knowledge in Employing Illegal Workers
Dec 07, 2007 Employment Law Alert - Federal Court Dismisses Challenge to Legal Arizona Workers Act of 2007
Nov 01, 2007 Employment Law Alert - Department of Homeland Security Issues Revised Employment Eligibility Verification From I-9
Oct 11, 2007 Employment Law Alert - Court Preliminarily Enjoins Implementation of DHS No-Match Rule
Dec 11, 2006 The Employment Law Aftermath:
Ninth Circuit Holds that Hearing is Not "Business Necessity" for Drivers Under Americans with Disabilities Act
Jun 29, 2006 Employment Law Alert June 29, 2006
Supreme Court Substantially Broadens Scope of Retaliation Claims
Jun 07, 2006 Employment Law Alert June 7, 2006
Court Holds Full Disclosure Must Accompany Reduction-In-Force Waivers
Feb 21, 2006 Employment Law Alert February 21, 2006
Tenth Circuit Holds English-Only Policy May Violate Title VII
Jan 20, 2006 Employment Law Alert January 20, 2006
Ninth Circuit Held That Decision Not to Reinstate Employee with History of Criminal Violence Violates ADA
Nov 11, 2005 Employment Law Alert November 11, 2005
Supreme Court Rules on Waiting and Walking for PPE
Aug 29, 2005 Employment Law Alert August 29, 2005
Well Known Personality Test Ruled To Violate ADA
Jul 26, 2005 Employment Law Alert, July 25, 2005
Fourth Circuit Bars Any Waiver Under FMLA
May 25, 2005 Employment Law Alert May 25, 2005
Court Allows Constructive Discharge Claim Under FMLA
Apr 01, 2005 SHRM Legislative Update
Mar 30, 2005 Employment Law Alert March 30, 2005
Supreme Court Rules That ADEA Allows Disparate Impact Claims
Mar 29, 2005 Workplace Alert March 2005
Comments on Revised ADA Standards Due May 31, 2005
Mar 16, 2005 Employment Law Alert- March 16, 2005
Without More, Lateral Transfer At Same Pay And Benefits Is Not An "Adverse Action" In Discrimination Law
Feb 18, 2005 Employment Law Alert- February 18, 2005
Congress Enacts Class Action Fairness Act of 2005
Jan 21, 2005 Employment Law Alert - January 21, 2005
Third Circuit Held That Requirement To Remove Confederate Flag From Vehicle Is Not By Itself A Violation Of Title VII
Dec 07, 2004 Employment Law Alert December 7, 2004
Employer Consent Required Before Combining Regular Employees With Joint Employees Into Single Bargaining Unit
Dec 01, 2004 2005 Spending Bill Passed Without Overturning Department of Labor Overtime Rules
Dec 01, 2004 Workplace Alert December 2004
2005 Spending Bill Passed Without Overturning Department of Labor Overtime Rules
Nov 16, 2004 American Jobs Creation Act Changes Tax Liability for Plaintiff's Attorney's Fees in Employment Lawsuits
Sep 29, 2004 Second Circuit Holds That ADEA Covers Disparate Impact
Aug 12, 2004 Employment Law Alert August 12, 2004
California's Private Attorney General Law Amended
Jun 22, 2004 Developments in the Americans with Disabilities Act
May 10, 2004 Wage, Hour, and Overtime Issues - An Overview of the Department of Labor's New Overtime Regulations
May 06, 2004 Employment Law Alert May 5, 2004
Court Held that Waiver of Discrimination Claims as a Condition of Continued Employment is Unenforceable
Apr 20, 2004 Employment Law Update: New Overtime Rules
Apr 01, 2004 Employment Law Updates That Could Effect Your Dealership
Feb 25, 2004 Supreme Court Holds That The ADEA Does Not Allow "Reverse" Age Discrimination Claims
Dec 03, 2003 Employment Law Alert December 3, 2003
Supreme Court Rules That Neutral Policy That Bars Rehiring Recovered Drug Addicts Does Not Violate ADA
Nov 21, 2003 Employment Law Alert November 21, 2003
Court Held Coworker Testimony About Employee's Performance is Virtually Irrelevant
Oct 30, 2003 ADA Case Turns on "Interactive Process"
Oct 24, 2003 Employer's Attempt To Stop Ex-Employee's Spam Fails
Jul 31, 2003 Employment Law Alert July 31, 2003
Supervisor's Casual Comments During Job Interview Caused Fixed Term Contract
May 30, 2003 Employment Law Alert May 30, 2003
Employer's Failure to Accommodate Gave Rise to Constructive Discharge Claim
May 12, 2003 Workplace Alert May 12, 2003
OSHA Announces Draft Ergonomics Guidelines for Retail Grocery Stores
Apr 22, 2003 Employment Law Alert April 22, 2003
Supreme Court Affirms EEOC Test Defining "Employee" In Professional Corporations
Mar 28, 2003 Employment Law Alert March 28, 2003
Department of Labor to Propose Changes to Overtime Eligibility
Feb 12, 2003 Employment Law Alert February 12, 2003
Michigan Executive Order May Bar Contractors for Employment and OSHA Violations
Jan 16, 2003 Employment Law Alert January 16, 2003
Prerequisite Safety Training Not Always Compensable Under FLSA
Jan 01, 2003 Achieving Safety and Health Regulatory Compliance
Nov 19, 2002 Employment Law Alert November 19, 2002
Regular Attendance May Be Essential Job Function Under ADA
Oct 31, 2002 Employment Law Alert October 31, 2002
Title VII does not Preclude Sexual Harassment Claims on the Basis of Sexual Orientation
Sep 26, 2002 Employment Law Alert September 26, 2002
Temporary Employees May Be Able To Sue Host Company Under Title VII
Aug 16, 2002 Employment Law Alert August 16, 2002
New Corporate Responsibility Statute Includes Employee Whistleblower Protection Provision
Jul 16, 2002 Employment Law Alert July 16, 2002
DC Court Held that Improperly Drafted Employee Handbook Could Undermine The Employer's Ability To Terminate An Employee At Will
Jun 11, 2002 Employment Law Alert June 11, 2002
ADA Allows Employer To Refuse To Hire Person Whose Disability Poses Direct Threat To Self When Performing Job
Jun 07, 2002 Employment Law Alert June 7, 2002
Neutral Administrative Policies do not Relieve Employer of ADA Duty to Consider Reasonable Accommodations
Apr 29, 2002 Employment Law Alert April 29, 2002
In ADA Case, Supreme Court Holds that Seniority System Usually, but not Necessarily, Makes Job Transfer an Undue Hardship Under ADA
Apr 16, 2002 Employment Law Alert April 16, 2002
Supreme Court Upheld Employer's Leave Policy Despite Failure to Designate as FMLA Leave
Feb 14, 2002 Employment Law Alert February 14, 2002
Knowledge of Employee's Condition Could Imply Notice that Absence may be FMLA Leave
Feb 01, 2002 Why Employers Must Train Their Record Keepers: Emerson Electric Co. vs. Secretary of Labor, 19 OSHC (BNA) 1424 (February 2001)
Jan 25, 2002 Drafting and Litigating Non-Compete Agreements
Jan 18, 2002 U.S. Supreme Court Rules That Arbitration Agreements Do Not Bar EEOC From Seeking Damages
Jan 09, 2002 Employment Law Alert January 9, 2002
Supreme Court Limits ADA in Carpal Tunnel Case
Dec 19, 2001 Employment Law Alert December 19, 2001
New Case Suggests Training is Essential so that Supervisors Don't Ignore Signs of Harassment in Workplace
Nov 05, 2001 Employment Law Alert November 5, 2001
Employment Law Protections for Military Reservists Which Every Employer Should Know
Sep 01, 2001 Beyond Ergonomics: Back Injuries as Disabilities: Duncan vs. Washington Metropolitan Area Transit Authority, 240 F.3d 1110 (D.C. Cir., 2001)
Aug 13, 2001 Employment Law Alert August 13, 2001
Supreme Court Lifts $300K Damages Cap on Employee Suits
Aug 08, 2001 Department of Transportation Updates Drug and Alcohol Testing Requirements
Jul 23, 2001 Frequently Asked Questions Regarding Sexual Harassment in the Trade Association Workplace
Jul 17, 2001 Employment Law Alert July 17, 2001
Genetic Information Protection Sought on Capitol Hill
Jun 01, 2001 Burden of Proof Remains with OSHA: Secretary of Labor vs. New York State Electric & Gas Corp., OSHRC Docket No. 91-2897, March 24, 1995
Mar 08, 2001 Both Houses Pass Historic Rejection of OSHA’s Ergonomic Program Standard
Jan 29, 2001 How Relocation Affects the Employment At Will Relationship
Jan 01, 2001 2001 Occupational Safety and Health Law Handbook
Oct 01, 2000 Prompt Medical Attention: CMC Electrics v. Occupational Safety and Health Administration, 19 OSHC (BNA) 1001 July 19, 2000
Apr 01, 2000 Is OSHA Watching From Afar? Secretary of Labor vs. Hi-Tech Builders Inc., OSHRC Docket No. 97-1976 Occupational Safety and Health Review Commission Dec. 8, 1999
OSHA 30/30 - Training Requirements Under The Revised Hazard Communication Standard