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Workplace Safety and Health Law Blog

Posts from March 2015.

Due to employers’ understandable aversion to paying legal fees, they often wait until something goes wrong to avail themselves of counsel. That’s regrettable because guys like me with over 30 years of specialized experience prefer to assist clients in avoiding problems and using human capital to succeed. Despite the huge sums paid to lawyers in M& A transactions, many due diligence efforts are rote and ineffective with regard to labor ...

A recent Law 360 headline described a corporate senior counsel explained providing an erotic book with “playful and provocative” drawings to a fellow manager as an “innocent gift.” He had even written an inscription which read, “a taste of Dharma Bum to remind that the Dharma breathes in and out and is nothing special,” referring, in part, to the Buddhist philosophy of life and the novel by beat writer Jack Kerouac. There are many other allegations and facts associated with the underlying discrimination claim, and I have no idea as to whether unlawful conduct actually occurred.

Not every commentator links character, love of family, and a commitment to one’s family, nation and industry to business success, but I’m convinced that the connection exists as much now as in the supposedly less complicated “Old Days.” Certainly our values and view of the world has changed much in my 55 years, but have certain core values and principles changed? I think not.

I’m writing this post while a band does a nice job with Beach Boys songs while my buddies here at the AGC National Convention in San Juan, are, to use the vernacular at the time, cutting a rug. And I’m typing. Not sure what that says about me, and yes, that was rhetorical, so spare me the responses. Now they’ve switched to Sweet Home Alabama. These guys are good and clearly know the group’s tastes. Good stuff.

Yesterday was one of those occasions when I wish that my predictions had been inaccurate. I have speculated that the SEIU and other unions harassing fast food restaurants would eventually add mass OSHA complaints to their joint employer, discrimination, living wage, and other attacks. Yesterday, you probably saw the articles about “Fight for $5’s” coordinated effort to file OSHA Complaints in 19 cities.

The annual ABA Midwinter OSHA Committee Meeting always provides insight into where OSHA, MSHA, the DOL Solicitors and other agencies will be heading. As a frequent speaker and longtime member of this group, I’ll tweet updates throughout this week’s sessions, including the Asst. Secretary of Labor for OSHA and others.

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