Midtown Legal

What to Expect from Construction Litigation Services in Nashville

Sat, 18 Apr 2026 04:00:11 GMT

What to Expect from Construction Litigation Services in Nashville

Construction litigation services in Nashville help contractors, property owners, and other parties resolve disputes related to building projects, contract issues, and construction defects. You can expect experienced attorneys to guide you through complex legal processes while protecting your interests in matters involving construction delays, payment disputes, or quality issues with completed work.

What Types of Construction Disputes Require Legal Help?

Construction litigation covers various disputes including contract breaches, payment issues, construction defects, and delays that impact project completion. These cases often involve multiple parties including contractors, subcontractors, suppliers, and property owners with competing interests.

Mechanics lien disputes represent another common area where construction litigation services prove valuable. When contractors or suppliers aren't paid for their work, they may file liens against properties, which can create complex legal situations requiring experienced representation.

Professional construction attorneys also handle disputes involving building code violations, permitting issues, and safety concerns that arise during construction projects. Working with experienced construction litigation attorneys in Nashville helps ensure your rights are protected throughout these challenging legal processes.

How Do Construction Litigation Attorneys Approach Your Case?

Construction litigation attorneys typically begin by reviewing all relevant contracts, correspondence, and project documentation to understand the dispute and identify potential legal strategies. They evaluate the strengths and weaknesses of your position while explaining your options for resolution.

These attorneys often work with construction experts, engineers, and other professionals who can provide technical analysis supporting your case. This collaboration becomes crucial when disputes involve complex construction methods, building standards, or industry practices.

Your attorney should explain the litigation timeline and help you understand the potential costs and benefits of pursuing your case through trial versus exploring settlement options. They'll also coordinate with your insurance carriers when applicable coverage issues arise during construction disputes.

What Should You Prepare When Working with Construction Attorneys?

Gather all project-related documents including contracts, change orders, payment records, correspondence, and photographs documenting the work or issues in dispute. This documentation provides the foundation for building a strong legal case.

Prepare detailed timelines of key events, including when problems first appeared, communications with other parties, and any attempts to resolve issues before pursuing legal action. This information helps your attorney understand the full context of your dispute.

Be ready to discuss your goals for resolving the dispute, whether you're seeking monetary compensation, completion of work, or other remedies. Understanding your priorities helps your attorney develop litigation strategies that align with your objectives and business needs.

Common Construction Litigation Systems in Nashville Area

Nashville's construction market features diverse project types from residential developments to commercial buildings and infrastructure projects, each creating different types of legal disputes. The city's growth has led to increasingly complex construction contracts and multi-party agreements that require specialized legal expertise to navigate effectively.

Tennessee's construction lien laws provide specific procedures and deadlines that contractors and suppliers must follow to protect their payment rights. Local construction litigation attorneys understand these requirements and help clients comply with notice requirements and filing deadlines that affect lien rights.

The area's mix of local contractors, national builders, and specialty subcontractors can create jurisdictional issues when disputes arise involving parties from multiple states. Nashville construction attorneys familiar with these interstate considerations help clients navigate complex legal situations involving different state laws and court systems.

When you need experienced construction litigation services in Nashville, contact Midtown Legal at (989) 307-8445. Our team provides knowledgeable representation for construction disputes, helping contractors, property owners, and other industry participants protect their interests and resolve complex legal issues effectively.

How to Find a Corporate Litigation Attorney in Murfreesboro

Wed, 18 Mar 2026 04:00:12 GMT

How to Find a Corporate Litigation Attorney in Murfreesboro

Finding a corporate litigation attorney in Murfreesboro requires selecting legal counsel with experience handling business disputes, contract issues, and commercial litigation matters. The right attorney combines knowledge of Tennessee business law with strategic thinking to protect your company's interests and achieve favorable outcomes in complex legal situations.

What Types of Cases Do Corporate Litigation Attorneys Handle?

Corporate litigation attorneys handle various business-related legal disputes including breach of contract claims, partnership disputes, employment law issues, and commercial real estate conflicts. They also represent businesses in disputes with vendors, customers, or regulatory agencies.

These attorneys often work on collection matters when businesses need to recover unpaid debts from clients or customers. Experienced corporate litigation attorneys in Murfreesboro understand both the legal processes and practical considerations involved in recovering money owed to your business.

Complex business disputes may involve intellectual property issues, non-compete agreement enforcement, or shareholder conflicts that require specialized legal expertise. The right attorney helps you understand your options and develop strategies that protect your business relationships while pursuing appropriate legal remedies.

How Should You Evaluate Potential Corporate Litigation Attorneys?

Look for attorneys with specific experience in business litigation cases similar to yours. Ask about their track record with cases in your industry and their approach to resolving disputes through negotiation versus taking matters to trial.

Consider attorneys who understand the business implications of legal strategies and can help you make decisions that support your company's long-term goals. The best corporate litigation attorneys balance aggressive advocacy with practical business judgment.

Review their experience with Tennessee's court systems and their knowledge of local business practices. Attorneys familiar with Rutherford County courts and local commercial practices often provide more effective representation for Murfreesboro businesses.

What Should You Expect During the Litigation Process?

Corporate litigation typically begins with investigation and case evaluation, followed by attempts to resolve disputes through negotiation or mediation before proceeding to formal court proceedings. Your attorney should explain the process clearly and provide realistic timelines for resolution.

Expect regular communication about case developments and strategic decisions that need your input. Good corporate litigation attorneys keep clients informed while managing the legal complexities that arise during business disputes.

The litigation process often involves document discovery, depositions, and motion practice before cases reach trial. Your attorney should help you understand commercial litigation procedures and prepare your business for each phase of the legal process.

Corporate Litigation Trends in the Murfreesboro Market

Murfreesboro's growing business community has led to increasingly sophisticated commercial disputes as companies expand and enter new markets. Local businesses benefit from attorneys who understand both traditional contract disputes and emerging issues related to technology, e-commerce, and digital business models.

The area's diverse economy, including healthcare, education, manufacturing, and logistics companies, creates varied litigation challenges that require attorneys with broad business law experience. This diversity means corporate litigation attorneys must stay current with industry-specific legal developments and regulatory changes.

As Murfreesboro continues attracting businesses from other states, local attorneys need familiarity with multi-state legal issues and interstate commerce considerations that affect litigation strategy. This regional expertise becomes valuable when businesses face disputes involving parties from multiple jurisdictions.

When you need experienced corporate litigation representation in Murfreesboro, contact Midtown Legal at (989) 307-8445. Our team provides strategic legal guidance for business disputes, helping Tennessee companies protect their interests and achieve favorable outcomes in commercial litigation matters.

Franklin Resident's Guide to Tax Law Services

Wed, 18 Feb 2026 16:29:54 GMT

Franklin Resident's Guide to Tax Law Services

Franklin residents facing tax issues need attorneys who understand both federal tax law and Tennessee's specific tax requirements. Quality tax law services help you navigate complex tax situations, resolve disputes with tax authorities, and develop strategies that protect your financial interests while ensuring compliance with all applicable tax laws.

When Do You Need Tax Law Legal Help?

Tax law issues can arise for individuals and businesses in various situations. You might need legal help if you're facing an IRS audit, have unpaid tax debts, or need guidance on tax implications of business transactions or estate planning decisions.

Business owners often need tax law assistance when starting new ventures, changing business structures, or dealing with employment tax issues. Working with experienced tax law attorneys in Franklin helps ensure you understand your obligations and rights throughout these processes.

Complex tax situations like international income, large asset transfers, or disputes about tax liability typically require specialized legal expertise. These situations involve intricate regulations that can have significant financial consequences if handled incorrectly.

How Can Tax Attorneys Help Resolve Your Issues?

Tax attorneys provide representation during IRS examinations and help negotiate payment plans or settlements when you owe back taxes. They understand the procedural requirements for challenging tax assessments and can represent you in tax court if necessary.

These legal professionals also help with tax planning strategies that minimize your future tax liability while keeping you compliant with current laws. This planning becomes especially important for business owners and people with significant assets who face complex tax situations.

Tax attorneys can review your previous tax returns to identify potential issues and help you correct problems before they become major disputes. They also assist with voluntary disclosure programs if you have unreported income or other tax compliance concerns.

What Should You Expect from Tax Law Services?

Professional tax law services begin with a thorough review of your specific situation and explanation of your options for resolving any issues. Your attorney should clearly explain the potential outcomes and risks associated with different approaches to your tax problems.

Expect your tax attorney to maintain regular communication throughout your case and provide updates on important developments. They should also coordinate with your accountant or tax preparer when appropriate to ensure everyone working on your tax matters has consistent information.

Quality tax law representation includes guidance on preventing future tax problems and developing compliance strategies that work for your specific situation. Your attorney should help you understand business tax obligations and individual requirements that apply to your circumstances.

Franklin's Business Growth Impact on Tax Services

Franklin's thriving business community creates increasing demand for sophisticated tax law services as companies navigate growth opportunities and regulatory requirements. Local businesses benefit from attorneys who understand both Tennessee's business-friendly tax environment and federal requirements that apply to expanding companies.

The city's diverse economy, from healthcare to manufacturing to technology companies, means tax attorneys must stay current with industry-specific tax issues and opportunities. This expertise becomes valuable when businesses need guidance on tax credits, incentives, or compliance requirements specific to their sectors.

Franklin's proximity to Nashville also creates opportunities for businesses to work across multiple jurisdictions, which can complicate tax obligations. Local tax attorneys understand these regional considerations and help businesses structure their operations to optimize tax efficiency while maintaining compliance.

When you need experienced tax law representation in Franklin, contact Midtown Legal at (989) 307-8445. Our team provides knowledgeable guidance on tax issues affecting individuals and businesses, helping Tennessee residents resolve tax problems and develop strategies that protect their financial interests.

Finding Quality Estate Planning Services in Brentwood: What to Know

Wed, 18 Feb 2026 16:29:26 GMT

Finding Quality Estate Planning Services in Brentwood: What to Know

Finding quality estate planning services in Brentwood means looking for attorneys who understand Tennessee's probate laws and can create comprehensive plans that protect your family's future. The best estate planning attorneys take time to understand your unique situation, explain your options clearly, and help you make informed decisions about wills, trusts, and other important legal documents.

What Should Estate Planning Include for Your Family?

Comprehensive estate planning goes beyond just creating a will. You need to consider how your assets will be distributed, who will make medical decisions if you're unable to, and how to minimize taxes and probate costs for your beneficiaries.

A quality estate plan typically includes wills, power of attorney documents, healthcare directives, and potentially trusts depending on your financial situation. Working with experienced estate planning attorneys in Brentwood ensures all these documents work together effectively to protect your interests.

Consider your family's specific needs when developing your estate plan. Families with minor children need different protections than couples nearing retirement, and business owners face unique considerations that require specialized legal guidance.

How Do You Know When You Need Estate Planning Help?

Most adults benefit from basic estate planning, regardless of their asset level. Major life events like marriage, divorce, birth of children, or significant changes in financial situation typically trigger the need for updated estate planning documents.

If you own real estate, have retirement accounts, or want specific people to receive your belongings, you need estate planning documents that clearly express your wishes. Without proper planning, Tennessee's intestacy laws determine how your assets get distributed, which may not match your preferences.

Business owners and people with complex financial situations often need more sophisticated estate planning strategies. These might include trusts, business succession planning, or tax minimization techniques that require experienced legal guidance.

What Questions Should You Ask Estate Planning Attorneys?

Ask potential attorneys about their experience with estate planning cases similar to your situation. Find out how they handle client communication and whether they provide ongoing support when your circumstances change.

Inquire about their approach to minimizing probate costs and timeframes for completing estate planning documents. Understanding their process helps you determine whether they're a good fit for your needs and timeline.

Discuss their experience with Tennessee legal requirements and how they stay current with changing laws that might affect your estate plan. This knowledge becomes crucial for ensuring your documents remain valid and effective over time.

Brentwood Requirements for Estate Planning Documents

Tennessee law requires specific procedures for executing valid wills and estate planning documents. Brentwood residents must follow state requirements for witness signatures, notarization, and document storage to ensure their estate plans hold up in probate court.

The state has specific rules about who can serve as witnesses for wills and how healthcare directives must be executed. Working with local attorneys familiar with Williamson County probate procedures helps ensure your documents meet all legal requirements.

Tennessee's probate process can be complex, especially for larger estates or when family disputes arise. Proper estate planning documents help streamline this process and reduce stress for your beneficiaries during already difficult times.

When you need reliable estate planning services in Brentwood, contact Midtown Legal at (989) 307-8445. Our experienced team helps Tennessee families create comprehensive estate plans that protect their loved ones and ensure their wishes are properly documented and legally enforceable.

How to Choose a Business Attorney in Smyrna

Wed, 18 Feb 2026 16:29:20 GMT

How to Choose a Business Attorney in Smyrna

Choosing the right business attorney in Smyrna requires careful consideration of your specific legal needs and the lawyer's experience in handling similar matters. The best business attorneys offer personalized guidance, understand local business regulations, and maintain direct communication with their clients throughout the legal process.

What Should You Look for in a Business Attorney?

Experience in your industry matters most when selecting legal representation. Look for attorneys who have successfully handled cases similar to yours and understand the unique challenges businesses face in Tennessee. A qualified business attorney should offer clear communication about legal strategies and provide realistic timelines for resolving your issues.

Consider attorneys who offer comprehensive business services, including business planning services in Smyrna , contract review, and compliance guidance. This ensures you have ongoing legal support as your business grows and evolves.

Check their track record with business formations, contract disputes, and regulatory compliance matters. The right attorney will explain complex legal concepts in terms you can understand and help you make informed decisions about your business's future.

How Much Should Business Legal Services Cost?

Legal costs vary significantly based on the complexity of your business needs and the attorney's experience level. Many business attorneys offer initial consultations to discuss your situation and provide cost estimates for specific services.

Consider attorneys who are transparent about their billing practices and offer different fee structures depending on your needs. Some services may work well with flat fees, while others require hourly billing based on the time investment required.

Remember that investing in quality legal guidance upfront often prevents costly legal problems down the road. The right business attorney becomes a valuable partner in your company's success.

What Questions Should You Ask During Consultations?

Ask potential attorneys about their experience with businesses similar to yours in size and industry. Inquire about their approach to client communication and how they keep clients informed about case progress.

Find out about their availability for urgent matters and whether they provide guidance on preventive legal strategies. Understanding their philosophy about business legal representation helps you determine if they're a good fit for your company's culture and needs.

Discuss their experience with corporate transactions in Tennessee if you anticipate growth or partnership opportunities. This background becomes valuable as your business expands.

How Smyrna's Business Climate Affects Legal Needs

Smyrna's growing business environment creates unique opportunities and legal considerations for local companies. The city's proximity to Nashville provides access to larger markets while maintaining a supportive small-business atmosphere that many entrepreneurs find appealing.

Local businesses benefit from attorneys who understand Tennessee's business regulations and Smyrna's specific zoning and licensing requirements. This knowledge helps ensure your business complies with all applicable laws while taking advantage of local growth opportunities.

The community's focus on supporting local businesses means having legal representation that understands both the opportunities and challenges of operating in this dynamic market. An experienced business attorney helps you navigate these considerations while protecting your interests.

When you need experienced business legal representation in Smyrna, contact Midtown Legal at (989) 307-8445. Our team provides personalized legal guidance to help your business thrive while ensuring compliance with all applicable regulations.

THE FTC, JUNK FEES, AND THE TRAVEL INDUSTRY

Wed, 09 Jul 2025 20:24:55 GMT

THE FTC, JUNK FEES, AND THE TRAVEL INDUSTRY

On December 17, 2024, the Federal Trade Commission (“FTC”) announced a Final Rule, its “Rule on Unfair or Deceptive Fees”[1] (the “Rule”), prohibiting “junk fees” on live event tickets and short-term lodging. The short-term lodging industry includes temporary sleeping accommodations at a hotel, motel, inn, short-term rental, vacation rental or other place of lodging.[2] This rule, which targets short-term vacation rentals like Air B and B’s requires that businesses advertise the total price inclusive of all fees when they advertise a price of any covered good or service. While the Rule does not prohibit any specific types of fees or itemization/breakdowns of fees, it does require that the most prominent price in an advertisement be the “all-in total price”.

The Rule comes in response to consumer backlash over a practice widely known as “drip pricing”, where a consumer is drawn in by an artificially low price which is then marked up with fees and other charges, resulting in a dramatically higher final price than initially advertised. Consumers have complained that these additional confusing fees such as: “’convenience”, “processing” “service” and “resort” fees are “junk fees”.

In aiming to simplify the process for consumers, the Rule requires that businesses include all mandatory fees up front. Optional fees, such as those selected by the consumer or government and shipping charges need not be included up front. However, business owners should be aware that fees which are allowed to be excluded up front such as shipping or taxes must still be clearly and conspicuously disclosed before the consumer enters payment information and consents to pay. The Rule requires certain disclosures with respect to government charges and shipping charges if the business elects to permissibly exclude such charges from total price.

Navigating compliance with this Rule may be nuanced for business owners. For example, it is possible that inclusion of a good or service in the total price might be mandatory in one scenario but optional in another. The FTC uses the example of hotel amenities. If a hotel permits its guest to supply their own amenities but purchase is optional, inclusion of the amenity fee is optional; However, if the hotel requires its guests to use its amenities for a fee, then it is mandatory.[3] Businesses should consult with experienced counsel to ensure compliance with the Rule, especially since it applies to various types of offerings including online, mobile applications or in person. The required disclosure must be easily noticeable and easily understandable by ordinary customers.[4]

The Rule will be effective 120 days after publication in the Federal Register.

[1] 16 CFR Part 464

[2] 16 CFR Part 464

[3] Id. At § III.A.1

[4] Id. At § 464.1

LACKEY: CIVIL RIGHTS AND LEGAL FEES

Wed, 09 Jul 2025 20:20:20 GMT

LACKEY: CIVIL RIGHTS AND LEGAL FEES

In a 7--2 opinion in Lackey v. Stinnie authored by Chief Justice John Roberts and joined by his five fellow conservative justices and Elena Kagan (Justices Sonia Sotomayor and Ketanji Brown Jackson dissented), the Supreme Court found earlier this year that plaintiffs who win early rulings in civil rights cases won’t necessarily be able to recover their legal fees.

Most of the time, in an arrangement commonly known as “the American Rule,” each side pays its own legal costs in court. However, there has been an exception to this general rule for plaintiffs who win in civil rights cases. Before Lackey, people who prevailed as plaintiffs in those cases could get the losing side to pay their legal fees. This measure was intended to make it easier for people to bring civil rights claims in court.

The ruling is controversial, as both conservative and liberal groups have argued that this result could make it harder for people to protect their rights.

The case was brought before the Court by drivers in Virginia who sued the state after their licenses were suspended under a law they argued was unconstitutional. The drivers had an early win, securing a temporary order to stop enforcement of the law, but Virginia repealed the measure, thus ending the case before the judge reached a final determination.

After the Fourth Circuit found that Virginia should pay the drivers’ attorneys’ fees, the state petitioned to the Supreme Court, arguing that because the drivers had won only a preliminary injunction rather than a final court determination, it shouldn’t have to cover their legal fees.

Before the result in Lackey, advocacy groups ranging from the American Civil Liberties Union to the Second Amendment-supporting Firearms Policy Coalition had weighed in on the side of the drivers. They noted that many cases are disposed of at the preliminary injunction stage and fewer people may be willing —or able—to challenge the government in court if they might have to bear the burden of potentially hefty legal fees even if they prevail in early stages.

But the Supreme Court held that, since the outcome can change after a trial, plaintiffs must win on the merits and not only in preliminary rulings, in order to recoup their legal fees.

The Lackey ruling was a blow. But whatever changes come next, we’ll stay on top of them, and we’ll continue to stand ready to represent your interests.

Abrial’s Law, A New Law for 2024 to Protect Children of Abuse

Mon, 14 Apr 2025 14:15:41 GMT

Abrial’s Law, the Keeping Children Safe from Family Violence Act (T.C.A. § 36-6-701), is a new law in Tennessee that went into effect at the beginning of 2024.

Abrial’s Law is intended to make four main changes to existing law to protect children who are in the court system as the result of abuse by their parents. Under prior Tennessee law, it sometimes happened that courts would order reunification between children and their abusive parents. Further, under prior law, parents who complained of abuse by their partners were sometimes penalized for speaking up. Abrial’s Law seeks to stop both those things from happening.

The law does the following:

Makes it a requirement that judges who hear child custody cases must receive training in domestic violence or child abuse. Here, the idea is that if judges are better informed of sound, evidence-based research, they will be better Abel to make decisions that protect the best interests of the children in their care.
Prohibits judges from ordering reunification between an abused child and her/his abusive parent, unless it can be shown that the reunification will not result in further harm to the child and that it is in the child’s best interest.
Requires judges to consider abuse against a child’s siblings—and not only the child herself—when making custody decisions.
Prevents judges from removing a child from a parent in a custody dispute when that parent is competent, protective, and not abusive.

The main goal of Abrial’s Law is to better-protect children. It attempts to close what its authors called loopholes in prior law that could result in bad outcomes. As examples, the bill’s authors, writing earlier this year in the Tennessean, cited two instances of regrettable decisions that would likely come out differently under Abrial’s Law:

An abused child, after a PTSD diagnosis resulting from the harm her father inflicted, had a no-contact order in place against him. However, because her younger sister was still allowed to visit the father, the court ordered reunification treatments between the victim and her abuser.
In another instance, following multiple investigations by the Department of Children’s Services and evidence of sexual abuse by the father, a judge ordered the children be placed in sole custody of the father for five weeks with no contact with the mother.
Abrial’s Law seeks to avoid those types of outcomes through its evidence-based approach and tougher requirements that must be met before reunification efforts are ordered.

Abrial’s Law was passed unanimously by the General Assembly, in a testament to both its virtuous aims and wide appeal to lawmakers.

Employee Non-Compete Agreements are Here to Stay

Mon, 14 Apr 2025 14:15:40 GMT

On August 20, 2024, a Federal District Court Judge in Texas issued an injunction on the Federal Trade Commission’s (“FTC”) ban on employee non-compete agreements, which was set to go into effect on September 4th. The Final Noncompete Clause Rule (the “Rule”), issued by the FTC on April 23, 2024[1], banned all new noncompete agreements for employers and would have required employers to notify workers (other than senior executives) that they would not be enforcing any existing noncompete agreements against them effective September 4, 2024. Under the Rule, existing non-competes for senior executives—that is, employees who earn more than $151,164 annually and are in policy-making positions—could stay in effect; however, employers would be prohibited from entering into new non-compete agreements with senior executives.

The broad-sweeping Rule extends to all workers regardless of whether the worker is an employee, independent contractor, extern, intern, volunteer, apprentice, or a sole proprietor who provides a service to a person. The Rule defines a noncompete clause as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from (1) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (2) operating a business in the United States after the conclusion of the employment that includes the term or condition.[2]

Ryan LLC, a tax services firm, immediately filed suit against the FTC, challenging their rulemaking authority to issue the Rule. In a huge win for employers, the US District Court for the Northern District of Texas agreed with Ryan, concluding that “the FTC lacks substantive rulemaking authority with respect to unfair methods of competition” and “the Rule is arbitrary and capricious because it is unreasonably overbroad without a reasonable explanation.”[3] The Court issued an Order stating that the September 4, 2024, effective date of the FTC’s non-compete ban is stayed, and the FTC is enjoined from implementing or enforcing the ban. The FTC may appeal the decision to the Fifth Circuit, but has yet to do so.

In the meantime, the stay is in effect nationwide, meaning employers are free to enter into noncompete agreements with new employees and sue to enforce existing ones. However, employers should be wary that many states have their own noncompete restrictions. For example, four states have fully banned noncompete clauses: California, Minnesota, North Dakota and Oklahoma. Many other states have varying restrictions, and the state-by-state landscape is highly nuanced. For example, Colorado has banned noncompete agreements with a carve-out for “highly compensated workers”. Some states have enacted restrictions based on industry. For example, Florida bans noncompete agreements only for a narrowly- defined subsection of physician specialists. Other states are leaning toward tighter restrictions: In December 2023, New York’s Governor vetoed a bill that would have banned non-compete agreements in New York, but left open the possibility of a future ban with a carve out for highly compensated employees. Although New York’s attempted ban has failed for now, the State still applies common law principles and looks to whether a non-compete is reasonable in scope and is designed to protect a legitimate business interest to determine whether it is enforceable.

Although non-compete agreements are safe (for now) at the federal level, employers should consult with experienced employment law counsel to ensure that their employment agreements comply with applicable state law restrictions and are up to date with the ever-evolving legal landscape. Employers should also ensure that any noncompete provision in an employment agreement is carefully drafted to describe the legitimate business interests it is designed to protect and is reasonably narrowed in scope based on applicable state law so it will pass muster if the employer ever has to enforce it.

[1] FTC Non-Compete Clause Rule 16 C.F.R. § 910 (2024).

[2] § 910.1.

[3] Ryan, LLC v. Federal Trade Commission, 3:24-CV-00986-E, 2024 U.S. Dist. LEXIS 148488 (N.D. Tex. 2024).

OSHA or EPA, how to know which applies when?

Mon, 14 Apr 2025 14:15:39 GMT

You’re head of operations at a factory when you come to learn that the prior owner of your building had released toxic chemicals on the property. You are concerned about the safety of your workers so you immediately call OSHA to see what to do. You talk to your OSHA representative, and he does not seem very concerned about the issue, assuring you that you are not in violation of OSHA. However, you insist successfully that OSHA perform chemical testing at your facility, and they do. The test results come back and OSHA reports to you that your facility is in compliance with their standards.

A couple months later, your state environmental regulatory agency calls you about the chemical release on your property. Now they want to do chemical testing, but you assure them that your facility is safe and compliant with OSHA. They advise you that this is less of a question, and more of a we are telling you we are going to perform tests at your facility type of thing. So they come out and perform tests and report that the air and ground beneath your facility have both tested in violation of the EPA standards.

This leaves you confused, and wondering why this whole time you thought your facility had to comply with OSHA when it came to employee safety when handling chemicals. Don’t worry, you’re not crazy, you are actually correct. Your facility does have to comply with OSHA. The easiest way to think about whether or not OSHA or the EPA regulations apply is to understand that OSHA is mostly concerned with employees handling the chemicals your facility is using; whereas, the EPA regulations are mostly concerned with chemicals that are part of the environment (usually after a release).

You may also hear that the most stringent regulation prevails, which is also a good way of looking at it, because your company is required to comply with both OSHA and the EPA standards. It is helpful, though, to know who is likely to come knocking and start an investigation. Knowing who, will help you comply and voluntarily report, which can get your company off to a good standing with your regulators. Then, in turn, use that good standing to negotiate a good deal for your company.

These federal agencies also work together. If one agency is performing an inspection at your facility, they regularly refer the site to the other agency if it appears that there could be a violation outside of their agency’s jurisdiction but in the purview of the other. Accordingly, you should make sure your facility is in compliance with both the EPA regulations and the OSHA regulations at all times, but especially prior to an inspection by either agency.