Joseph P. Hoag

Partner

A client's life made easier and their legal risk reduced—that's my idea of success.

Joseph Hoag helps clients navigate and resolve complex employment law issues. As co-lead of the firm's OSHA team, he has deep knowledge of occupational safety and health law and has successfully defended citations issued by both federal OSHA and state-plan agencies nationwide. Joseph also advises clients on the byzantine, sometimes counter-intuitive rules governing employment background checks, which can carry draconian consequences for non-compliance. He has extensive experience advising clients on discrimination, retaliation, and accommodations, and has successfully represented clients at trial and on appeal in both state and federal court.

Practice Highlights

Occupational safety and health

Nationwide OSHA practice; has advised clients on compliance with workplace safety and health laws, assisted with safety audits and investigations, and represented clients in hundreds of federal or state occupational safety and health agency complaints, inspections, citation appeals, and whistleblower charges.

Employment litigation and counseling

Advocates for clients, from single plaintiff to class actions; successfully achieves client litigation goals, whether that be resolving disputes early and on favorable terms, or prevailing in litigation, including in dispositive motions, jury trials, and appeals in federal and state courts.

Fair Credit Reporting Act/Background checks

Advises regarding and helps establish employment background check programs that comply with the current quagmire of federal, state, and municipal background check obligations.

Successful defense of multiple ergonomic citations

Successfully defended multiple Amazon.com Services LLC facilities against six citations from Washington Labor & Industries alleging over a dozen willful and serious ergonomic violations under the general duty clause, including with regard to the pace of work and workstation composition. An administrative law judge dismissed four citations following a six-week hearing, and the Washington Board of Industrial Insurance Appeals affirmed that decision in its entirety. Washington Labor & Industries subsequently dismissed two additional ergonomic citations. (2022-2024)

Successful OSHA whistleblower defense

Successful defense and dismissal of numerous OSHA whistleblower charges brought by current employees, former employees, and contractors in multiple states. (ongoing)

Nationwide advice regarding employment background check compliance

Advising large, multi-national clients on ongoing basis regarding compliance with myriad and changing federal, state, and municipal employment background check laws, including with regard to criminal and credit checks and associated procedural safeguards and requirements. (Ongoing)

Nationwide advice regarding OSHA compliance

Advising clients in warehousing, healthcare, construction, aerospace, technology, and other industries regarding compliance with OSHA, WISHA, Cal/OSHA, and other State-Plan equivalent regulations and in response to agency inquiries and inspections. Resolved numerous safety citation and whistleblower charges on conditions favorable to clients, including complete dismissals. (Ongoing)

Washington (WISHA) COVID repeat-citation dismissal

Secured full dismissal of WISHA Citation alleging a repeat-classified violation of masking requirements at a hospital. (2022)

Admitted to Practice

Washington
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington

Education

J.D., Harvard Law School, 2009
- Executive Editor, Harvard Journal of Law and Public Policy
- President, Harvard Student Chapter, J. Reuben Clark Law Society
- Research Assistant, Professor Guhan Subramanian, Corporate Law
B.S., Psychology, Brigham Young University, 2005, magna cum laude
- Dean's List
- Golden Key Honor Society
- Court Appointed Special Advocate (CASA), Utah State Courts

Memberships & Affiliations

- Former Board Member and Secretary, MS Helping Hands – The Donor Closet
- Former Board Member, Excel Public Charter School

Background

- Extern, Hon. Ronald B. Leighton, Federal District Court for the Western District of Washington, Tacoma, Wash., 2010
- Judicial Clerk, Justice James M. Johnson, Washington State Supreme Court, Olympia, Wash., 2009-2010
- Extern, U.S. Attorney's Office, District of Massachusetts, Criminal Division, Boston, 2007
- Summer Intern, U.S. Department of Justice, Criminal Division, Office of Policy and Legislation, Washington, D.C., 2007