Menu
Can the Railroad Discriminate Based on Obesity?
March 16th, 2017
This post considers the question of whether an employer can take an adverse action against an employee because that person is obese, or overweight. The issue was recently presented to me when a railroad signal employee was removed from his assignment…
Read More
Read More
Categories: Rail Law Blog
Investigative Reporter Details Dangers of Shipping Crude Oil by Rail
July 14th, 2015
A recent derailment of a CSX train in Maryville, TN carrying hazardous chemicals was the latest example of the catastrophic dangers involved with shipping combustible materials through populated areas on aging railroad infrastructures. Most of the re…
Read More
Read More
Categories: Rail Law Blog
When is the Release of an FELA claim Enforceable?
May 14th, 2015
When a railroad employee settles an injury claim brought pursuant to the Federal Employers’ Liability Act (FELA) with a railroad, the railroad will always require the employee to sign a Release before the settlement is paid. A Release is a writ…
Read More
Read More
Major Dispute - Wheeling & Lake Erie Railway Violates Crew Consist Agreement
April 23rd, 2015
The Sixth Circuit Court of Appeals this week overturned a district court’s granting of a preliminary injunction barring the Brotherhood of Locomotive Engineers and Trainmen (BLET) from engaging in a strike against the Wheeling & Lake Erie R…
Read More
Read More
Categories: Rail Law Blog
Third Party Negligence Under the FELA
March 23rd, 2015
Consider a case in which a railroad employee, as a part of his job, is required to enter the property of a customer of the railroad. While performing his job duties, the employee is injured because a walkway on the customer’s property is not ma…
Read More
Read More
Federal Court of Appeals limits FRSA Medical Treatment Provision
March 14th, 2015
The Third Circuit Court of Appeals held recently that the provision of the Federal Rail Safety Act (FRSA) prohibiting railroads from disciplining employees “for following orders or a treatment plan of a treating physician” applies only to…
Read More
Read More
Categories: Rail Law Blog
Rail Workers at Long Island Railroad Set to Strike
February 6th, 2014
In a contract dispute that has been ongoing since 2010, rail workers have threatened to go on strike as early as next month after a refusal by the Long Island Railroad (LIRR) to implement wage increases recommended by a Presidential Emergency Board (…
Read More
Read More
Categories: Rail Law Blog
FRSA Complaints Can Be Filed Online With OSHA
January 30th, 2014
Last month, the Department of Labor announced that retaliation complaints, including those brought pursuant to the Federal Rail Safety Act (FRSA), can be filed online at the DOL website. This seemingly minor announcement is actually very important. S…
Read More
Read More
Categories: Rail Law Blog
What Makes An Injury Reportable to the FRA?
January 12th, 2014
When a railroad employee is injured at work, the law usually requires the railroad to report that injury to the Federal Railroad Administration (FRA). The rules for reporting are set forth at 49 C.F.R. Section 225.19(d). Each death, injury, or occupa…
Read More
Read More
Categories: Rail Law Blog
Third Circuit Court of Appeals Interprets FRSA
February 20th, 2013
The Third Circuit Court of Appeals reversed a lower court’s decision in favor of the railroad in a claim brought pursuant to the Federal Rail Safety Act (FRSA). The case, Araujo v. New Jersey Transit Rail Operations, Inc., was decided on February 1…
Read More
Read More