Category Archives: settlement strategies


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

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

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Count The Cost Before Waging The War

  An excellent piec by my Portland, Oregon partner, Rich Meneghello…. When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, … Continue reading

Posted in civil and criminal exposure, discipline and discharge, litigation, managing legal matters, settlement strategies, wage hour | Tagged , , | Leave a comment

More Negative Developments in State OSHA Plans.

While non-Californians understandably view the California legal system as more complicated and punitive, until recently, upper leadership and a lack of money made Cal-OSHA more reasonable than its written rules suggested.  However, Fed-OSHA has continued to push State OSHA Plans … Continue reading

Posted in Cal-OSHA, government inspections, OSHA, settlement strategies, state osha plans | Tagged , , , , | Leave a comment