Last week, I hosted the first edition of Fisher Phillips’ new monthly webinar series – “Workplace Safety Wednesdays.” I discussed recent decisions of the Federal Mine Safety and Health Review Commission, MSHA's new Miners' Rights Guide, updates to the HazCom standard, and other topics of interest. I hope you were able to attend and enjoyed the webinar as much as I did.
First of all, yes, I'm telling you that (at least in most cases) suing your former employees may not be the best labor relations strategy, unless of course they are violating a valid non-compete or misappropriating your Company's trade secrets. Recently, a coal company learned that suing a former employee for filing a "fraudulent" discrimination complaint can be a violation of the Mine Act.
In Armstrong Coal Company, Judge Feldman found that the Mine Act ...
Recently, the Mine Safety and Health Administration (MSHA) announced what many mine operators and independent contractors have experienced for the past several years - a heightened focus on, and tremendous increase in, the number of discrimination complaints filed by MSHA. In fact, MSHA has tripled the number of temporary reinstatement requests and nearly doubled the number of discrimination complaints it filed over a three year period.