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Workers’ Compensation: Lawsuit Against Tosco Tries End Run Around Workers’ Comp Limits

A Tosco worker injured in a catastrophic 1999 explosion and fire at the company’s Martinez refinery and the family of another worker killed in the disaster have filed a lawsuit against Tosco. Employees who are injured on the job are generally limited to workers’ comp benefits. But this lawsuit attempts to sidestep this restriction by […]

New ADA Regs ‘Clarify’ the Law’s Muddy Waters

Topic: E-pinions By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Last year, EEOC logged 25,000 charge filings for ADA violations—and that’s all before the new regs the EEOC issued today; these new regs are expected to make it much easier for employees to claim protected status. Here are some excerpts from […]

Theft Has Its Consequences

This content was originally published in January 2000. For the latest in HR management, visit our archives or try our online compliance portal, HR.BLR.com. Catch an employee who steals, and you’ll find a person who is not very frightened at being caught. Why not? Most of these employees are convinced that the company will not […]

Federal Agency Urges Changes to FLSA Subminimum Wage Provisions

A federal disability policy agency sent a report and letter to the Obama administration on Aug. 23 urging a phase out of a controversial provision of the Fair Labor Standards Act that allows certified employers to compensate persons with disabilities at wages below the federal minimum wage. The FLSA section in question — section 14(c) […]

News Flash: LAPD Can Fire Unqualified Officer Who Was Hired By Mistake

When Eugene Quinn applied to be a Los Angeles police officer, he failed the medical exam because of a hearing impairment. But due to a clerical error, he was told to report for further training exams, which he passed. Quinn graduated from the police academy and was assigned to patrol duty before his hearing problem […]

HHS to Step Up HIPAA Privacy Enforcement in ‘Abject Failure’ Cases

The U.S. Department of Health and Human Services (HHS) is refocusing its HIPAA privacy enforcement efforts on seeking monetary penalties in cases of “abject failure” to comply, the head of HHS’ Office for Civil Rights (OCR) indicated. “The majority of matters we handle are going to be resolved through education” as they have in the […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

Hot List: New York Times Bestselling Paperback Business Books

The following is a list of the bestselling paperback business books as ranked by the New York Times on January 18. 1. The Blind Side: Evolution of a Game by Michael Lewis. The evolving business of football, viewed through the rise of the left tackle Michael Oher. 2. Freakonomics: A Rogue Economist Explores the Hidden […]