North America

What are employers’ rights during OSHA inspections?

By Eric J. Conn, Head of EBG’s national OSHA Practice Group

I was recently asked an interesting question by an industry contact:

“Employers often are told to know and exercise their rights during an OSHA inspection.  What exactly are employers’ rights during an OSHA inspection?”

While it may not feel like it during an inspection, employers have many rights before, during, and after OSHA inspections.

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DAVIS MALM HOSTS PROGRAM BY REV. DR. RAY HAMMOND AND BOSTON POLICE COMMISSIONER EDWARD DAVIS

Davis, Malm & D’Agostine, P.C. recently hosted a breakfast program at its office featuring Rev. Dr. Ray Hammond with guest speaker Boston Police Commissioner Edward Davis. Community leaders attended this program, which focused on the 25-year mission of Rev. Dr. Hammond and his wife, Rev. Dr. Gloria White-Hammond, to improve the lives of high and proven risk youth in the City of Boston. The program was moderated by Davis Malm partner George A. “Tony” Hewett and included remarks by Jamie Bush of Bush & Company. In response to growing gang violence, The Hammonds started Bethel AME Church in 1988 as a church community with the goal of addressing the issues through community involvement. By collaborating with the public school system, courts and prisons, local business communities, and law enforcement, Bethel AME has developed successful partnerships to help educate high risk youth and prepare them to lead healthy, productive lives.

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McDonald Hopkins Government Strategies Advisory: Primer on the Government Shutdown and the Debt Ceiling Debate

For the past few weeks much of the television and print news has been focused on the standoff in Washington, D.C. over two separate issues: funding the government and raising the nation’s debt ceiling. Given the significance of these two issues and the widespread confusion surrounding them, we put together the following primer to help make sense of the current situation.

In a shutdown, Congress withholds from some federal agencies some of the monies they need to fund their operations. A default, on the other hand, prevents the Treasury from issuing notes to pay for the debt incurred as a result of government services already authorized by Congress. In 2011, we faced a shutdown in April and later a default in August. In both cases, the calamity was averted at the last second when parties came together. This year, however, we are already a week into a government shutdown and the potential for a debt default now looms as early as next week.

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Multistate Tax Update — October 10, 2013

In recent years, state lawmakers have passed laws to expand (or in attempt to expand) their respective department of revenue’s authority to cause out-of-state or remote sellers to collect and remit sales taxes.  In some cases, these laws have been deemed to be unconstitutional, as the statute exceeded the guidelines articulated in the seminal case of Quill Corp. v. North Dakota, 504 U.S. 298 (1992).  In Quill, the U.S. Supreme Court held that it was unconstitutional under the dormant commerce clause of the Constitution for a state to require a retailer with no in-state physical presence to collect sales or use tax.

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Mark Spognardi writes for Inside Counsel on harassment claims

Arnstein & Lehr

Mark Spognardi

Arnstein & Lehr Chicago Partner Mark A. Spognardi authored an article for Inside Counsel’s website that was published on September 30. The article titled, “Failure to complain insulates employers from harassment claims,” discuss two cases that demonstrate why employers should properly review and train employees on the harassment policies of their company.

To read the article in full, please click here.

The post Mark Spognardi writes for Inside Counsel on harassment claims appeared first on General Counselor.

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Judith Grubner to participate in Chicago-Kent College of Law IP symposium

Arnstein & Lehr

Judith Grubner

Arnstein & Lehr Chicago partner Judith L. Grubner has been invited to speak at the 4th annual Gastro IP event at the Chicago-Kent College of Law on November 7. The theme for this year’s event is Cuba, the Embargo, and Trademark law, all centering on intellectual property law and food issues.

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Lori Adelson contributes to article on reinstating employees after filing wrongful-termination claims

Arnstein & Lehr

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson offered her advice to an October 2 Human Resource Executive Online article titled, “Navigating the Perils of Re-boarding.” The article focuses on the challenges that HR professionals are faced with when reinstating employees after filing a wrongful-termination claim.

To read the article in full, please click here.

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Mark Spognardi contributes to two HR publications

Arnstein & Lehr

Mark Spognardi

Arnstein & Lehr Chicago Partner Mark A. Spognardi was quoted in two articles that appeared on Thomson Reuter’s HR Compliance Bulletin and Employee Terminations Bulletin. The first article, “Social media harassment: Potential legal liability for your organization?” discusses harassment through social media and whether or not an employer is able to take action should an employee report harmful activity. To read the article in full, please click here.

The second article, “Three termination actions guaranteed to anger a jury,” discus three reasons a jury that hears a labor and employment case is more likely to be sympathetic towards the employee, rather than the employer. To read the article in full, please click here.

The post Mark Spognardi contributes to two HR publications appeared first on General Counselor.

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Michael Gesas quoted in Law360 article on tips for bankrupt companies looking to sell assets

Michael Gesas

Arnstein & Lehr Chicago Partner Michael L. Gesas recently contributed to a Law360 article titled, “5 Tips for Bankrupt Companies Looking To Sell Assets,” that was published on October 1.  The article discusses about how Chapter 11 filings across the country have decreased, but distressed companies are still utilizing asset sales under Section 363 of the U.S. Bankruptcy Code.  By doing so, this protects the value of the individual’s business and avoids liquidation. However, struggling businesses need to carefully construct their approach to a sale to avoid being taken advantage . The article provides five recommended practices given by bankruptcy professionals for distressed companies considering a sale.

To read the article in full, please click here

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Partner Harvey Oyer’s Work as an Author Recognized

Shutts & Bowen LLP is pleased to announce that Harvey Oyer’s most recent book,The Last Calusa, was awarded a Gold Medal in Florida Children’s Fiction by the Florida Publishers Association. Mr. Oyer is a partner in their West Palm Beach office.

Mr. Oyer, a fifth generation native of Palm Beach County, is an award-winning and best-selling children’s book author. His books, The American JungleThe Last Egret and The Last Calusa, have won numerous awards and are used widely by schools throughout Florida. Mr. Oyer was also selected as the Florida Distinguished Author for 2013.  More…

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