skip to Main Content
HERO-IMG2

Emerald Coast Administrative Law

Administrative law is the body of law created by agencies and departments of the government who carry out the laws passed by Congress or a state legislature. When Congress passes a law on a complicated issue, they often need help determining all of the details of how the law will be enforced and implemented. Administrative agencies and government departments fill in those gaps for Congress and pass additional rules and regulations to achieve Congress’s goals.

Triangle shapes that decorate the pages.
5050 IMG

Administrative Law Deals With: 

  • Social Security Benefits
  • Disability Benefits
  • Workplace Safety Regulations
  • Environmental Protection Agency Regulations
  • Government Benefits

Areas of Practice

Arrow icon that indicated point of interest on page.
CTA-1

Social Security Benefits

People often deal with administrative agencies and administrative law when they apply for government benefits. For example, Congress has passed laws that allow disabled individuals to receive government assistance. The Social Security Administration (SSA) is the administrative agency created to implement Congress’s social security and disability laws. The SSA receives applications when people apply for disability benefits, determines who is eligible for the benefits, and passes rules and regulations to ensure that only the people who deserve these benefits receive them.

Disability Benefits

Statistically, the vast majority of Social Security Disability (SSDI/SSD) and SSI claims are denied at the initial claim and reconsideration levels, whether or not an attorney represents a disability claim.

For this reason, most SSDI and SSI claims need to go to a hearing in front of an administrative law judge before a client can receive disability benefits. At an administrative law hearing, our attorneys at Matthews & Jones can help win a claim. While a disability attorney can’t guarantee that the client will be awarded Social Security Disability or SSI benefits, a Social Security lawyer can ensure that a case will be adequately “developed” before a hearing date.

Developing a Disability Case

The simple fact of the matter is this: the vast majority of clients with SSDI and SSI claims will have no idea how to accurately and thoroughly prepare a disability case for a hearing, whereas our attorneys have a high level of experience and expertise with Social Security rules and regulations. An attorney should have several years of invaluable SSDI and SSI claim experience to lend to a claimant’s disability case, know what a judge will be looking for with a particular medical condition, and know what questions to ask your doctor and what medical tests to order.

This includes tracking down critical medical records and test results, obtaining detailed statements from a client’s treating physicians, and, at the time of the hearing, utilizing a careful understanding of SSA regulations and prior rulings to the disability adjudication process.

CTA-2
CTA-3

Workplace Safety Regulations

In addition to regulating government benefits like Social Security, administrative agencies also implement federal and state laws affecting almost every industry. For example, government bodies like the Department of Labor and the Occupational Safety and Health Administration (OSHA) create and enforce workplace safety regulations. The Environmental Protection Agency (EPA) passes regulations and rules to enforce Congress’s goal of protecting the environment. States also have their own administrative agencies to implement and execute laws passed by their state legislatures.

Workplace safety and health laws establish regulations designed to eliminate personal injuries and illnesses occurring in the workplace. Federal laws and regulations preempt state ones where they overlap or contradict one another.

The primary statute protecting workers’ health and safety in the workplace is the Occupational and Safety Health Act (OSHA). Congress enacted this legislation under its constitutional grant of authority to improve interstate commerce. OSHA requires the Secretary of Labor to decide safety and health standard regulations to protect employees and their families. Any private employer who engages in interstate commerce is subject to these regulations declared under OSHA.

The Secretary of Labor may authorize workplace inspections to ensure regulations are being followed, examine conditions about complaints that have been filed, and determine which regulations are needed. If an employer is found to be violating any safety or health regulations, a citation is issued. The act establishes the Occupational Safety and Health Review Commission to review the Secretary of Labor’s citation orders. 

Under OSHA, states are not allowed, without the Secretary of Labor’s permission, to promulgate any laws that regulate an area directly covered by OSHA. They may, however, regulate in areas not governed by federal OSHA regulations. States wishing to control areas covered by OSHA regulations must submit a plan for federal approval. The amount of state regulation varies greatly. California is a state that has chosen to adopt many of its regulations in place of OSHA promulgated.

Environmental Protection Agency Regulations

Environmental law is a critical part of corporate compliance. Ignoring your responsibilities under EPA regulations can lead to costly fines and even criminal liability. Environmental compliance requires the management of environmental risks and adhering to reporting obligations, among other complicated responsibilities.

If your company does not have an environmental compliance plan in place, it may help to speak with an environmental lawyer from Matthews & Jones to identify your vulnerabilities. Far too many companies find themselves facing expensive litigation that could have been avoided through proactive compliance.

Environmental Due Diligence

Establishing proper procedures and acquiring the necessary permits are crucial to compliance with EPA regulations. Unfortunately, getting these compliance procedures in place can be difficult. We recommend having any new contract, merger, or acquisition assessed for potential environmental liability.

Registering and Reporting to the EPA

If your business uses pesticides, regularly burns fuel, manufactures, imports, or emits chemicals into the air or water, or engages in several other protected activities that affect the environment, you must register with the EPA. The EPA requires accurate reports on emissions and waste stream management procedures. Small businesses may be exempt from reporting obligations under the Small Business Regulatory Enforcement Fairness Act, but this will depend on whether your company’s activities are deemed low risk .

Environmental Permits

Suppose your business activities could affect the environment by emitting a pollutant into the air or water, disposing of hazardous waste, or similar actions. In that case, you will likely need an environmental permit from the EPA or a state or local regulatory body before you begin operations. As a part of your environmental due diligence, you must establish whether you will need any environmental permits before accidentally carrying out unlicensed activities. Otherwise, you could face severe fines and rising complications in securing the permits you need.

CTA-4
CTA-3 copy

It’s important to know that not all activities that require environmental permits are apparent. Even merely registering a business near a protected habitat or endangered species can require a conservation permit to ensure you won’t negatively affect wildlife.

Essential Environmental Laws that Affect Most Businesses

Every business faces a variety of local, state, and federal environmental regulations, no matter your main activities, products, and services. It’s essential to follow all environmental laws, but the following are some of the most important federal statutes that will affect almost every business.

Clean Air Act

The Clean Air Act regulates air emissions, setting National Ambient Air Quality Standards, pollutant limits, and emissions thresholds.

Federal Insecticide, Fungicide, and Rodenticide Act

In cases where businesses use these chemicals and apply these themselves, one employee must be trained and certified to administer insecticides, fungicides, and rodenticides following EPA standards.

Resource Conservation and Recovery Act

A proper RCRA permit is required for any potentially hazardous waste your company handles, and you must comply with RCRA standards when disposing of all other excess. Local and state waste disposal regulations also apply.

Government Benefits

The U.S. Department of Labor determines and enforces over 180 federal laws. These mandates and the regulations that implement them cover workplace activities for about 150 million workers and 10 million workplaces.

Some of the DOL’s principal statutes most commonly applicable to businesses, job seekers, workers, retirees, contractors, and grantees, include:

Wages and Hours

The Fair Labor Standards Act appoints standards for wages and overtime pay, affecting most private and public employment. It requires employers to pay employees who are not exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular pay rate.

The Wage and Hour Division also enforces the labor standards provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the U.S. under specific nonimmigrant visa programs.

Workplace Safety and Health

Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. Employers covered by the OSH Act must comply with the safety and health standards put in place by OSHA. OSHA enforces these regulations through workplace inspections and investigations. 

CTA-5
CTA-4 copy

Workers’ Compensation

If you worked for a private company or state government, you should contact the workers’ compensation program for the state where you lived or worked. The U.S. Department of Labor’s Office of Workers’ Compensation Programs does not have a role in the administration or oversight of state workers’ compensation programs.

Employee Benefit Security

The Employee Retirement Income Security Act (ERISA) regulates employers who offer pension or welfare benefit plans for their employees. The Employee Benefits Security Administration determines reporting requirements for the continuation of healthcare provisions required under COBRA and the health care portability requirements on group plans under HIPAA.

Unions and their Members

The Labor-Management Reporting and Disclosure Act protects union funds. It requires labor organizations to file annual financial reports, from union officials, employers, and labor consultants regarding certain labor relations practices and establish standards for the election of union officers.

Employee Protection

Most labor and public safety laws and many environmental laws provide protections for employees who complain about the law’s violations by their employers. Remedies can include job reinstatement and payment of back wages.

Matthews & Jones Attorneys Practicing Criminal Law

Contact Matthews & Jones, LLP

Individuals and businesses often need to hire lawyers with expertise in administrative law when an administrative agency denies their applications for benefits or imposes penalties for failing to comply with regulations. Many administrative agencies can create their own courts and appeal processes, which often require the expertise of an attorney to ensure that your case is heard. Contact the legal expertise of Matthews & Jones, LLP for your Administrative case.

Back To Top