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Ringing in 2014: It’s time to take a look at your policies and employee handbook

by Jeanine Poole The turn of the year is often a good time to review company policies. We’re weighing in with some favorite perennial professional resolutions and perhaps a few new suggestions that might make for a happy 2014.  What’s in a policy? In the employment world, issues involving e-mail, the Internet, and social media […]

News Notes: OSHA Issues Reminder that Teens Can’t Drive Forklifts

The federal Occupational Safety and Health Administration (OSHA) has released a new bulletin reminding employers that most workers under age 18 are prohibited from operating forklifts for nonagricultural operations. Plus, says OSHA, workers over 18 must be properly trained and certified before driving forklifts in the workplace. Note that Cal-OSHA also prohibits teens from driving […]

Labor Department Changing Farm Worker Rules

The U.S. Department of Labor (DOL) has published new rules for the H-2A Guest Worker Program that have sparked protest from agricultural employers. The new rules, to go into effect March 15, were published in the February 12 edition of the Federal Register. The final rules govern the labor certification process and enforcement mechanisms for […]

Class Actions Threaten "Enormous’ Financial Risk: Seyfarth Shaw

For the coming year, the financial risks of class action litigation are “enormous,” says attorney J. Stephen Poor, and more often than not, class actions adversely affect your market share and impact your reputation in the marketplace as well. Poor, who is the Managing Partner of law firm Seyfarth Shaw LLP, made his remarks in […]

Supreme Court to Decide if Employers Must Help Pregnant Employees

The U.S. Supreme Court will decide whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees, it announced July 1. The court agreed to review Young v. United Parcel Service, Inc., a case from last year in which the 4th U.S. Circuit Court of Appeals ruled that a corporate policy that does not include […]

Workplace Lawsuits: Employer Continues To Pay For Catastrophic Refinery Fire

In continued fallout from a tragic 1999 fire at the Toscore finery in Martinez, the company has agreed to pay $4 million to settle a lawsuit for emotional injuries suffered by a subcontractor’s employee. Alfred “Chip” Simoni witnessed other workers burn to death while working on the refinery tower. He was unable to return to […]

Understanding USERRA: More of What You Need to Know (Part 2 of 2)

With few exceptions, USERRA and related—and even more aggressive—state laws guarantee benefits and reemployment of employees on military leave. We started our briefing yesterday. Here’s the rest of it, and a reference that really explains it. Yesterday’s Daily Advisor laid out the broad requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA.) We […]

Employer Settles With EEOC After Providing the Wrong Accommodation

An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for […]

Long-term unemployment seen holding back jobseekers

No law specifically says employers are prohibited from discriminating against job applicants who have been out of work for months or even years. The long-term unemployed don’t have protections spelled out in any antidiscrimination laws – or do they? When jobseekers are part of a protected class that has a disproportionate number of people unemployed, […]

News Notes: Federal Court Defines Duty To Notify Employees About Proposed Benefit Plan Changes

We reported in April on a federal court decision from Kentucky involving IBM which held that under federal law, if you’re seriously considering changes to a retirement benefit plan, you must tell your employees. Now, in a pair of new cases, the federal Ninth Circuit Court of Appeal has reached the same conclusion, explaining that […]