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Another shot across the bow: NLRB challenges ‘at-will’ statements

by Jeff Hurt Nonunion employers must be scratching their collective heads over the recent shelling they’ve been getting as the National Labor Relations Board (NLRB) seeks to make union organizing easier: proposed labor law posting requirements, “quickie” election rules, and strict limitations on employer social media policies. While some of those initiatives are on hold, […]

Controlling Costs Not Only Goal of Employee Health Benefits

Contrary to commonly-held beliefs, the focus for chief financial officers (CFOs) goes far beyond controlling costs when it comes to health benefits, according to a new survey that finds that as partners in making health benefits decisions, CFOs do not focus single-mindedly on financials.

News Notes: Employer Ordered To Pay Big For Misclassifying Managers

An Orange County jury has ordered Edwards Theaters Circuit Inc., based in Newport Beach, to pay $276,000 in back overtime wages to four theater managers who claimed they were misclassified as exempt from overtime. The employees said they spent more than half their time performing non-exempt work, including cleaning up, taking tickets and selling popcorn, […]

OCR to Take Closer Look at Smaller HIPAA Breaches

Most Health Insurance Portability and Accountability Act (HIPAA) enforcement has focused on the larger breaches of protected health information (PHI). But the U.S. Department of Health and Human Services (HHS) has not forgotten those incidents that fall below the “major” threshold of 500 individuals.

Employment Law Tip: Preventing Heat Illness

In many parts of California, the temperatures are heating up, which means it’s a good time to take a look at your workplace practices to make sure employees who work under the summer sun are safe—and that you’re complying with Cal/OSHA’s heat illness regulation.

News Notes: Jury Awards $19 Million To Disabled Employee Fired For Absenteeism

A jury in Sacramento recently awarded a staggering $19 million—$15 million of it in punitive damages—to a McKesson Corp. employee who claimed her employer violated disability bias and family and medical leave laws. Charlene Roby allegedly was fired under the company’s no-fault absence policy after several unexcused absences because of a panic disorder. She also […]

News Notes: Psychiatrist With Attention Deficit Disorder Awarded Almost $1 Million

A psychiatrist suffering from attention deficit disorder has won $902,000 after suing his employer under state anti-discrimination laws for failing to accommodate his own psychological problems. Stanley Swenson Jr. worked at Los Angeles County-USC Medical Center for 15 years. He claimed his condition made it difficult for him to keep up with patient charts and […]

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 […]