In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the...more
11/8/2024
/ Administrative Law Judge (ALJ) ,
Administrative Review ,
Compliance ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Enforcement Authority ,
Jurisdiction ,
OFCCP ,
OSHA ,
OSHRC ,
SCOTUS ,
SEC v Jarkesy ,
Take Care Clause
This is the first in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act, the Occupational Safety and Health Administration (OSHA), and how both...more
1/12/2024
/ Administrative Law Judge (ALJ) ,
OSH Act ,
OSHA ,
Private Sector ,
Protected Activity ,
Regulatory Authority ,
Regulatory Standards ,
Safety Violations ,
State OSHA Laws ,
Whistleblowers ,
Workplace Safety
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more
5/17/2023
/ Administrative Agencies ,
Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Citations ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Judicial Review ,
OSHA ,
Safety Violations ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation of Powers
On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more
11/8/2022
/ Administrative Law Judge (ALJ) ,
Criminal Prosecution ,
Enforcement ,
Enforcement Actions ,
Fifth Amendment ,
Fourteenth Amendment ,
Interviews ,
Policies and Procedures ,
Safety Violations ,
Union Representatives ,
Unions ,
Workplace Investigations