Employment Law | Expert Legal Commentary
June 11, 2009
Ramsey Winch v. Henry: Upholding Oklahoma’s Forced Entry Law
Ramsey Winch Inc. v. Henry
By
Jeremy J. Gray of Zuber & Taillieu
The Tenth Circuit U.S. Court of Appeals overruled a federal district court decision and upheld state laws that make it illegal for employers to prohibit employees from keeping firearms locked in their vehicles in the company parking lot. In Ramsey Winch Inc. v. Henry, 555 F.3d 1199 (10th Cir. 2009)a group of employers had challenged the state laws, claiming that the laws prevent the employers from reasonably ensuring a workplace free of workplace violence, which, they contend, is their obligation under OSHA. Because the state law obligations conflict with the federal OSHA obligations, the employers claimed that the state laws must be void under the Supremacy Clause. The 10th Circuit found that OSHA does not require employers to ensure that the workplace is free of violence -- therefore the laws do not conflict and the state laws must be upheld.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/Inkout
