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NLRB at It Again: New Posting Requirement Prompts Anger

A new rule from the National Labor Relations Board (NLRB) is being touted by the agency as a moderate measure aimed at ensuring that workers understand their rights, but it’s drawing fire from some employers who call it a “punitive new rule” from a federal agency overreaching its authority. The NLRB issued a final rule […]

Are your retirement plan’s fees excessive? Failed participant suits may inform plan sponsors

Federal courts on numerous occasions in the last two years have dismissed plan participant allegations that their employers charged excessive retirement plan fees. The rulings taken together say: If a plan is not enriching itself at participants’ expense — or operating with a conflict of interest in relation to its investment company — then it’s […]

News Notes: Year-Round Alternative Work Not Required For Injured Seasonal Employees

Seasonal workers who are hurt on the job are not entitled to 12 months of continuous modified or alternative work as a replacement for vocational rehabilitation benefits, a California Court of Appeal has ruled. The case involved Jennifer Henry, a ski instructor at Mammoth Mountain Ski Area. After she injured her back, Henry requested vocational […]

Accommodating Disabilities: Extra Effort To Accommodate Worker Wins Case For Employer

Lucky Stores faced a typical problem. An employee who was injured on the job wanted to return to work even though his doctors had imposed restrictions on his duties. The supermarket carefully considered the employee’s work limitations, extended his disability leave more than once and eventually offered him a part-time job he was qualified to […]

Tool of the Week: Prehire Screening Dos and Don’ts

Once you’ve identified the best candidate for the job, prehire screening can help you make sure you’ve got the best possible fit. Prehire screening takes a number of different forms and can include reference hecking, license and education verification, medical or psychological testing, drug screening, skills testing, and credit checks. Each of these processes can […]

Employment Law Tip: How to Avoid Trouble with Reference Requests

Providing references for current and former employees can be tricky. Improperly handling such requests can lead to lawsuits and claims from both the individual and the new employer. Each state sets its own thresholds for liability arising from employment references. Regardless of location, employers should exercise caution and err on the side of providing too […]

Oklahoma Voters Say ‘Yes’ to Health Care Choice

Voters in Oklahoma decided to show their disapproval of the insurance mandate found in federal health care reform by passing a health care choice measure on Election Day. The initiative allows Oklahoma residents to opt out of health care mandates by prohibiting laws that would make residents, employers, or health care providers participate in a […]

News Notes: EEOC Backlog Reduced; Race Bias Charges Most Common

Although the Equal Employment Opportunity Commission (EEOC) has receivedan average of more than 85,000 charges a year since 1992, the agency recentlyannounced it has slashed its pending caseload by nearly half in the lastthree years, partly by offering more mediation-based alternative disputeresolution. Complaints of race discrimination top the list (36% of allcharges filed), followed by […]

Domestic Partners: New Law Expands Workplace Rights

Gov. Davis has signed into law a sweeping measure that expands domestic partner rights on insurance, sick leave and other issues. The new law takes effect Jan. 1, 2002. Expanded Workplace Rights For Domestic Partners These are the measure’s key provisions that will affect employers: Domestic partner definition. Domestic partners will include opposite-sex couples if at […]