Kaspar Wire Works, Inc. v. Secretary of Labor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the D.C. Circuit “has expressly rejected” “the Fifth Circuit’s ‘substan- tial impact’ standard for notice and comment requirements”
• recognizing that the D.C. Circuit has expressly rejected “the Fifth Circuit’s ‘substan- tial impact’ standard for notice and comment requirements”
• recognizing that the D.C. Circuit “has expressly rejected” “the Fifth Circuit’s ‘substan- tial impact’ standard for notice and comment requirements”
• concluding that a statutory requirement was clear and thus, the Secretary was not required to go through notice and comment rule making procedures to be able to enforce the language of the statute
• holding that an employer cannot “contend that it was entitled to rely on its lack of prior violations to undermine a finding of willfulness,” because then “an employer with no prior citations could choose to violate a regulatory obligation without risking a finding of willfulness”
• “[T]o find willfulness the Commission had to find that [the employer’s] conduct involved more than mere negligence or carelessness.”

Source: CourtListener parenthetical corpus (CC0).