Monthly Archives: May 2013

Will the EEOC Treat You Like A Criminal For Asking About Criminal Records?

A few practical ruminations…. Many of us remain a bit surprised that even the EEOC has so many problems with employers refusing to hire applicants with criminal records. certainly there are problems, but do the inquiries really warrant class action-type … Continue reading

Posted in class actions/systemic investigation, EEOC, employer policies, litigation, recruiting | Tagged , , | Leave a comment


I  found this post and links by fellow attorney-blogger, Philip K. Miles III of “Lawfice,” to be quite useful.  I agree with his instruction … for your “Memorial Day reading.”  Actually, while I love to read stuff like this in my off time, … Continue reading

Posted in ADA, aging workforce, discipline and discharge, EEOC, employer policies, wellness | Tagged , , , , , , , | Leave a comment


  I’m not talking about kindergarten playtime or its “adult” equivalent … politics. Any time multiple employers are involved, labor and employment matters becomes much more complicated. The classic example is a construction site.  OSHA refers to such settings as … Continue reading

Posted in civil and criminal exposure, construction, government inspections, MSHA, NLRB, OSHA | Tagged , , , | 1 Comment


When OSHA Assistant Secretary Michaels and Jordan Barab famously admitted that OSHA was utilizing large penalties accompanied by harsh press releases to “motivate” employers to comply, I had mixed feelings.  Fear is a great motivator.  Aggressive publication of legitimate noteworthy OSHA citations … Continue reading

Posted in managing legal matters, MSHA, NLRB, OSHA, settlement strategies, union organizing, willful | Tagged , , , | Leave a comment

Combustible Dust Explosions and Compliance – Especially For Food Processors

  I have linked to an Interview by the good folks at, an excellent publication and provider, especially for food processors and related businesses.  We represented construction employers at the 2008 Port Wentworth Sugar Plant (Imperial Sugar) explosion and … Continue reading

Posted in civil and criminal exposure, combustible dust, consensus standards, emergency response, food processing, general duty 5(a) citations, manufacturing, OSHA, willful | Tagged , , , | Leave a comment

I Won My Case, But I Can’t Recover Those Costs?!

This post is mainly for lawyers, but non lawyers (i.e, “clients”) should also read it because almost every client I know has wanted to get every possible fee or cost back from unsuccessful plaintiffs from what they viewed as frivolous law suits.  Increasingly … Continue reading

Posted in litigation, managing legal matters, settlement strategies | Tagged , , | Leave a comment

Part 2: Now Let’s Find Out Why Employees Make Those Bad Choices

A few days ago, I ended my analysis of “why workers choose to get injured or killed,” by proposing that as a possible first step to learn the answer, employers should determine their unique safety “culture.”  Attorneys like us can … Continue reading

Posted in construction, cultural changes, employee engagement, generational differences, management and leadership, reducing injuries, safety programs | Tagged , , | Leave a comment

Bad Facts Make Bad Laws . . . .

Former Clinton official Webb Hubbell summed it up well… There is an old adage in politics and the law that “Bad Facts, Lead to Bad Law.” In law, a horrible fact situation full of sympathy for one side can lead … Continue reading

Posted in OSHA, state osha plans, Washington | Tagged , | Leave a comment