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Tip Nine: Find Patterns

-Look for obvious abuse patterns, such as the “Monday/Friday syndrome. You are entitled to ask for recertification of a claimed medical problem if “the employer receives information that casts doubt on the stated reason for the leave,” say the regulations. A Monday/Friday absence pattern is considered evidence to cast that doubt, and you can bring […]

Wage Claims: Messenger Service Agrees To $9.75 Million Settlement

Corporate Express Delivery Systems Inc. will pay a total of $9.75 million to 4,300 former and current messengers in Hayward, Los Angeles and San Diego who claimed they were underpaid. The messengers, who were compensated on commission, charged that the company failed to pay them minimum wage or overtime and violated rules on expense reimbursement. […]

Blunting the Two-Edged Sword of Self-Audits

Yesterday’s Advisor revealed the dangers of self-incrimination during self-audits; today, we discuss what to do about it, and we introduce you to a unique self-audit system. There are steps you can take to protect the self-critical analysis and attorney-client privileges discussed in yesterday’s Advisor. Here’s what we recommend: Use outside counsel, if at all possible, […]

Only compromise will pull us from cliff’s edge

by Dan Oswald Have you ever been in a meeting where two executives face off, each on the opposite side of a critical issue? You watch the debate like you would a tennis match, with each participant knocking the issue back to the other side. As they volley back and forth, the debate picks up […]

White Paper on DOL’s new ‘blacklisting’ rule now available

Attorneys with Fortney & Scott, LLC, in Washington, D.C., who edit Federal Employment Law Insider, sprang into action after the U.S. Department of Labor (DOL) issued final regulations on August 25 implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule. The controversial rule will require federal contractors and subcontractors to disclose […]

Background Checks: $1.1 Million Verdict For Failing To Confirm Applicant’s Identity; 5 Red Flags That Were Ignored

Manor Park nursing home in Texas hired Clifton Orphy as a janitor. The trouble was Orphy was using a different name and a fictitious date of birth and Social Security number. Consequently, Manor Park discovered that the person it hired had five prior felonies on his record only after he had raped an 84-year-old nursing […]

Violent Employees: Court Rules Employer Not Automatically Liable For Criminal Assault By Employee; 3-Point Lawsuit Prevention Checklist

Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]

What Do Your Colleagues Think?

Note that the questions and responses that deal specifically with training are underlined. What’s the best way to get workers to be safer at work? 74%    Training, training, training 11%    Safety incentives 9%      Discipline 6%      Something else Should willfull, repeat OSHA violators be allowed removal from the Severe Violator Enforcement Program (SVEP) log? 68%    No […]