Client Alerts

January 2012

WHISTLEBLOWER ALERT: OSHA Awards Fired Pilot One Million Dollars, Reinstatement

OSHA has issued a significant Order under AIR21 finding that AirTran Airways illegally fired one of its pilots.  The OSHA order requires AirTran to reinstate the pilot.  In addition to reinstatement, the Order awards more than one million dollars in damages, mostly comprising backpay – compensating the pilot for lost wages going back to the date of his discharge – but also including emotional distress damages.  Read More

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December 2011

EMPLOYMENT ALERT: Oklahoma Supreme Court has issued an opinion interpreting an Oklahoma statute governing employee non-competition agreements Read More

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December 2011

Nuclear Safety Culture Alert
Hanford Nuclear Safety Culture on the Upswing? Read More 
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November 2011

Nuclear Employer Alert
A former contract electrician at TVA’s Watts Bar Nuclear Plant was recently sentenced by a federal judge in Tennessee for the falsification of records relating to electrical cables.  Read more
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November 2011

Nuclear Employer Alert
The U.S. Court of Appeals for the Second Circuit on Monday affirmed a trial court’s dismissal of a claim by a former security officer at Indian Point. The plaintiff, Tepperwien, alleged that one of his firearms training instructors verbally and physically propositioned and harassed him, in violation of Title VII, and that he was retaliated against for reporting the harassment, including to the NRC and to the Employee Concerns Program (ECP). Tepperwien ultimately resigned and sued for harassment and retaliation/constructive discharge. Read more
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October 2011

SARBANES-OXLEY WHISTLEBLOWER PROTECTION UPDATE
The Department of Labor’s Administrative Review Board held last week that the termination of an employee for disclosing confidential corporate information may be unlawful.  Read more
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September 2011

CLIENT ALERT:  NLRB Issues Final Rule Requiring Notification to Employees of Union Rights 
 The National Labor Relations Board (NLRB) recently issued a final rule which will require private sector employers to post notices advising employees of their rights under the National Labor Relations Act (NLRA).  The rule applies equally to both union and non-union employers since the NLRA protects the right of all employees to form, join or assist labor unions and to bargain collectively over the terms and conditions of their employment.  The rule will become enforceable beginning on November 14, 2011.  The NLRB anticipates copies of the final notice will be available on its website (www.nlrb.gov) by November 1, 2011.  Read More
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August 2011

NRC, Entergy devise plan to address fleet culture in light of apparent discrimination violations 
 Read Complete Alert

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August 2011

On August 18, NRC issued inspection procedure 93100 
Read complete alert
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July 2011

AIR 21 Protects Pilot’s Equipment Operability Concern Even Though Maintenance Was Deferrable Per MEL
In a recent decision by the DOL’s Administrative Review Board (ARB), the central issue was whether a Comair pilot’s refusal to fly an aircraft because a system was inoperable was protected – even though maintenance on the system could properly be deferred per the Minimum Equipment List (MEL).  Read More
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July 2011

Recent Ruling by Administrative Law Judge (ALJ) Is Favorable for Employer in AIR21 Case
Employer fired employee because he was “loud, angry,… looming and intimidating,” Not Because He Reported Aviation Safety Concerns.  Read More
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June 2011

EMPLOYMENT ALERT: NLRB Proposes Union-Friendly Amendments to Election Rules

On June 22, 2011, the National Labor Relations Board published a Notice of Proposed Rulemaking in the Federal Register.  The Notice proposes significant amendments to existing rules and regulations governing the Board’s procedures in cases involving union representation elections.  Read More   
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May 2011

Employers Favored in New Oklahoma Drug and Alcohol Testing Law Amendment
On May 9, 2011, Oklahoma Governor Mary Fallin approved a bill that makes substantial changes to workplace drug and alcohol testing programs.  The bill amends Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act and is effective November 1, 2011.  The amendment provides clarification for some types of testing and removes several requirements that are in the current Act.  Read More

May/June 2010

Whistleblower News
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Jan./Feb. 2010

Whistleblower News
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November 19, 2009

SONGS Managers File Retaliation Complaints, Cite Plant Culture
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November 18, 2009

Law Restricts Employers’ Possession and Use of Employees’ Genetic Information
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November 16, 2009

Airline Flight Crew FMLA Amendments Advance
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October 29, 2009

Employment Alert
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October 22, 2009

The Interactive Internet: Are Your Corporate and Employment Policies Twitter-Resistant?
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September 29, 2009

Browns Ferry Contract Worker Wins Nuclear Whistleblower Case
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September 18, 2009

D.C. Court of Appeals Extends Reach of Discrimination, Retaliation Prohibitions
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September 10, 2009

E-Verify For Federal Contractors Now In Effect
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September 4, 2009

The Case of the Purloined HR Records: Is Pilfering of Corporate Documents Protected Activity?
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February 25, 2009

Economic Stimulus Package Includes Major Changes to Cobra Administration
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January 29, 2009

What Today’s “Ledbetter” Law Does
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June 16, 2008

The New E-Verify Requirements for Federal Contractors
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June 6, 2008

Challenging H.B. 1804: What the Recent Injunction Means for Oklahoma Employers
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May 28th, 2008

The Impact of Kadlec: What the Recent Appellate Opinion Means for Oklahoma Hospitals
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March 27th, 2008

New D.C. Paid Sick Leave Law
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February 5th, 2008

Whistleblower Protections Expand for Defense Contractor Employees
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February 1st, 2008

Signing of NDAA Amends FMLA and Permits Leave for Soldiers’ Family Members
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