Retaliating Against Employees: Examples Of What Is And Isn’t Illegal Retaliation
The Ninth Circuit Court of Appeal provided these examples of conduct that will—and won’t—support a retaliation claim:
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OSHA urges employers to think crowd control for Black Friday
As shoppers plan their Black Friday bargain hunting, the Occupational Safety and Health Administration (OSHA) is urging retail employers to plan their crowd-control measures to keep workers safe. In 2008, a worker was trampled to death while a crowd of shoppers rushed the doors of a Wal-Mart store in New York. OSHA recommends that retailers […]
Lumber Company Settles DOL Allegations of ACA, ERISA Violations
Fiduciaries of a major Western lumber producer’s group health plan have agreed to settle the U.S. Department of Labor’s (DOL’s) allegations that the plan violated claims procedure and other requirements of the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA).
The most homogenous place on Earth?
by Mark I. Schickman Remembering that employment discrimination has been illegal for less than 50 years, workplace accommodation has come a long way. The first accommodation laws protected people with cancer, back when cancer was feared to be contagious. The law was put to the test when it was applied to protect people infected with […]
Health Reform Adds a Twist to College Graduation Celebrations
Once, parents were not the only ones celebrating a child’s college graduation — employers were too. While parents were looking forward to kids finally getting out on their own, employers were anticipating getting them off of their group health plan. But health care reform means that employers have to wait a little longer to break […]
View 2013 Reform Implementation in Relation to Unions & Labor, Expert Advises
Employers can’t be instantly ready for how health reform will transform their health plans in 2014; they have to do all the heavy lifting in 2013 in order to achieve preparedness, an attorney from the Epstein Becker & Green law firm said on Dec. 19. He advised employers to see health reform-driven coverage changes in […]
Disciplinary Meetings: NLRB Revokes Nonunion Employees’ Right to Representation During Investigatory Interviews; Practical Impact
In 1975, the U.S. Supreme Court in the case of National Labor Relations Review Board (NLRB) v. Weingarten gave workers the right to bring a union representative to an investigatory interview conducted by the employer. Following that decision, the NLRB flip-flopped on whether nonunion workers also had these so-called “Weingarten rights”—specifically, whether they could have […]
No gender confusion means no discrimination
It has been said that the more things change, the more they stay the same. That certainly applies to the following case involving the employment application of a biological female who identifies as a male. While the scenario might be somewhat unusual, the legal issue is one that has been around for decades: Can you […]
Retention: Can You Create It In the Way You Hire?
Research says look for 6 traits in candidates for employment and you can help ensure retention even before you put your new employees to work. We’ve all heard about it … the oncoming “talent war” caused by a confluence of baby boomers retiring, followed by generations not populous enough to fully replace them. We’ve all […]
Broad Drug Testing Policies Approved by Arbitrator
By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]