Levy Leatherman

Levy Leatherman is a labor and employment and health care litigation associate in Baker Donelson’s Nashville office. Contact Levy at lleatherman@bakerdonelson.com.

As many employers know, OSHA published a Final Rule on May 12, 2016 that amended the Code of Federal Regulations to add additional provisions regarding proper reporting and retaliation for workplace reporting. OSHA took the position that certain workplace policies may deter or discourage proper workplace reporting, including disciplinary policies, incentive policies, and post-accident drug testing policies. In other words, OSHA asserted that a blanket policy that requires drug-testing of any employee after a workplace accident is likely to discourage employees from reporting workplace injuries. Therefore, if an employee is drug-tested after an accident under a blanket policy and disciplined for violation of the policy, OSHA may later determine that the discipline was unlawful retaliation because the employer had no reasonable basis to conclude that drug use may have contributed to the accident. (more…)

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction Company, had illegally subjected an ironworker to same-sex harassment. See EEOC v. Boh Brothers Construction Co., LLC, No. 11-30770 (5th Cir. 9/27/2013). (more…)

Extending on National Labor Relations Board (NLRB) precedent, on July 26, 2013, Administrative Law Judge Jeffrey D. Wedekind ruled that The Boeing Company’s human resources (HR) investigation confidentiality policy violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by interfering with protected rights under Section 7 of that Act. The Boeing Co., No. 19–CA–089374, July 26, 2013 (Wedekind, J). Boeing, like many employers, had a policy that required employees to keep their participation in HR investigations confidential. (more…)