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Kansas: No Democrats in Sight

by Carolyn Matthews, Foulston Siefkin LLP How many Democrats does it take to screw in a lightbulb in Kansas? That’s a trick question — there aren’t any Democrats in Kansas. Republican Sam Brownback was elected governor. Republicans also took the secretary of state, attorney general, and state treasurer positions from the Democratic incumbents. Republican Jerry […]

2010 Figures Show Little Change in Number of Fatal Work Injuries

The number of fatal workplace injuries in 2010 was slightly lower than the number in 2009, according to the Census of Fatal Occupational Injuries, which the U.S. Bureau of Labor Statistics released on August 25. A preliminary total of 4,547 fatal work injuries was recorded in 2010, a minor decrease from 4,551 fatal injuries recorded […]

Obama, DHS 2010 Budgets Hint at Immigration Priorities

by Jesse Goldstein The White House and the U.S. Department of Homeland Security (DHS) recently released their proposed budgets for fiscal year (FY) 2010. Both budgets contain discussions of immigration-related priorities, offering a glimpse of what the new administration may choose to pursue this year. Even though he is obviously facing several domestic economic challenges, […]

Independent Contractors: Court Throws Out Contractor’s Unemployment Claim; 4 Defensive Strategies

Sometimes an unemployment claim can come from out of the blue. And if the worker who files it was improperly classified as an independent contractor, it could trigger an audit—leaving you open to having to pay back payroll taxes and penalties. We’ll look at a new ruling that involved a moonlighting worker who filed for […]

Clarify and Coach, the Two Cs of Performance Management

Too often, managers avoid giving honest evaluations. Maybe they fear causing hurt feelings or maybe they don’t know what to do, but the result is the same—a lost lawsuit. The solution? The two Cs—Clarify and Coach. You know you should be coaching Terry, but you’re busy, and Terry’s doing OK. Well, OK is overstating it, […]

Kids’ Dwindling Writing Skills Are No Reason to LOL

Is writing becoming a lost art? The adoption of new technology has forever changed how we communicate with one another—and that includes the written word. I’m certain my kids write more with their thumbs, texting incessantly on their phones, than any other way. And I say that even though two of my kids are in […]

What Does Your Employee Handbook Say About Breastfeeding?

California law requires that employers provide female employees who wish to express breast milk for nursing infants with: A reasonable opportunity to take breaks for the purpose of expressing breast milk, which can be timed with the employee’s regular break schedule; and Reasonable access to a private location to express breast milk, other than public […]

Sexual Harassment: Prompt Action Not Always Enough to Avoid a Lawsuit

In a new decision, the Ninth Circuit Court of Appeals, which covers California, has decided that a sexual harassment victim’s 19-day delay in reporting the misconduct to her employer wasn’t an unreasonable failure to take advantage of corrective opportunities provided by the employer. As a result, the employee can take her sexual harassment lawsuit to […]

Value-based Purchasing Spearheads Health and Wellness Management

When a self-insured health plan adopts value-based purchasing and insurance design, its goal is to persuade workers to adopt a healthy lifestyle and go to the best performing providers. That’s how plan savings occur, by catching cases before they become acute care cases that harm a self-insured health plan. Self-insured health plans that want to […]