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News Note: No-Solicitation Rule Can’t Be Selectively Enforced Against Union

The National Labor Relations Board has ruled that United Parcel Service illegally enforced a broad no-solicitation rule that prohibited employees from distributing literature in nonwork areas during off-hours. UPS refused to allow a Teamsters union publication to be passed out in a warehouse area before work began, but routinely permitted drivers to hand out contest […]

How to Avoid Perilous FMLA Mistakes (video)

Documentation is critical to warding off trouble when dealing with Family and Medical Leave Act (FMLA) requests, according to employment law attorney Stacie L. Caraway, who led a session on FMLA at the October Advanced Employment Issues Symposium (AEIS) in Nashville, Tennessee. Caraway names two critical points. First, don’t let doctors leave blanks or write […]

Blogs, Rants, and Tweets: Can You Stop Them?

In yesterday’s Advisor, we featured attorney Joseph Beachboard’s tips for employers doing background checks using social websites. Today, we move on to his specific recommendations and introduce an audio conference on controlling blogs and other Internet challenges. Beachboard’s comments came at the recent SHRM Annual Convention and Exposition in New Orleans. He is a shareholder […]

Workplace Wellness: Proposed Tax Credit for Wellness Programs

Legislation has been proposed in the U.S. Senate that would create a tax credit for employers that offer comprehensive wellness programs. The Healthy Workforce Act (S.B. 1753), authored by Senators Tom Harkin (D-IA) and Gordon Smith (R-OR), would provide a tax credit of up to $200 per employee for the first 200 employees, and up […]

NLRB ruling ends proemployer automatic exemption

A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline. Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case […]

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 […]

News Notes: EEOC Announces $250 Million Age-Bias Settlement With Calpers

The California Public Employees’ Retirement System (CalPERS) will pay approximately $250 million in disability benefits to more than 1,700 retired state and local safety officers to settle an age-bias lawsuit brought by the U.S. Equal Employment Opportunity Commission. The lawsuit charged that CalPERS—following a state law adopted in 1980—linked the amount of disability benefits to […]

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 […]

Beware Clever New Unionization Tactics—Contractor Conversion and Packaged Deals

Clever unionizing tactics such as changing independent contractors to employees and presenting employers with package deals are part of the new labor landscape, says attorney David Fortney. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of Federal Employment Law Insider. He made his remarks about new […]

The One Benefit Employees Refuse To Give Up

Yesterday, we looked at the large margin by which employees underestimate the amount it costs you to provide them with various benefits. Today, we’ll look at the one benefit employees refuse to give up — at nearly any cost.