Solis v. Loretto-Oswego Residential Health Care Facility, No. 11-888 (2d Cir. 2012)
Annotate this CaseIn 2002, the Occupational Safety and Health Administration issued citations to Loretto-Oswego Residential Health Care Facility for violating employee safety standards. At the time, Loretto Management oversaw a number of non-profit corporations that operated nursing homes in upstate New York, including Loretto-Oswego; nearly all used the “Loretto” name. Loretto-Oswego reached an agreement with OSHA officials settling all matters related to the citations except whether several violations were “repeated” under 29 U.S.C. 666(a), which depends on whether Loretto- Oswego and a pair of other entities operated as a single employer for purposes of the OSH Act. If the violations were repeated, Loretto-Oswego must pay a penalty of $56,250, and if they were not, then Loretto-Oswego must pay only $11,250. An administrative law judge found that the three entities did operate as a single employer. The Occupational Safety and Health Review Commission reversed. The Second Circuit denied a petition for review, rejecting the Secretary of Labor’s variation of the “single employer test, which considers”: interrelated operations, common management, centralized control of labor relations, and common ownership. The Commission also considered the factor “common worksite.”
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