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News, trends and analysis in employment law, HR, safety & workers' comp

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Nov 14 2011
Leave Laws

Denying FMLA leave could prove costly for company and supervisor

Not only can an employer be sued for allegedly denying an employee the right to take leave under the federal Family and Medical Leave Act (FMLA), but supervisors and HR decision makers may also face individual liability for their actions. An employee sought FMLA leave to care for her disabled son, but she asked for…

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Nov 09 2011
Uncategorized

Safety: Is a recommended exercise regimen considered medical treatment? Yes, says OSHA

The federal Occupational Safety and Health Administration (OSHA) may not have immediate plans to include a musculoskeletal disorder (MSD) column on the OSHA 300 Log, but their interpretation letters keep inching closer to employers having to record MSDs anyway. In its most recently released Tips: This interpretation letter comes just a few short months after…

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Nov 07 2011
Employee Benefits

Beware coordinating benefits with Medicare

Can an employer reduce or eliminate benefits for a current employee when the employee becomes eligible for Medicare? No, because doing so is probably a violation of the federal Age Discrimination in Employment Act (ADEA) and also a violation of the Medicare rules, according to a recently released informal discussion letter from the federal Equal…

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Nov 04 2011
Uncategorized

Employers project 2.8 percent wage increases for 2012—Do you have a compensation strategy?

According to a recent press release characterizes this planned wage increase as modest. However, many employers in our area have had to impose wage freezes and reductions in recent years. If your employees are reading these headlines, what are their expectations going to be for 2012? Are you prepared to compete with the organizations that…

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Nov 03 2011
Uncategorized

Reemploying after military service isn’t always enough to satisfy USERRA

Failing to give a salesperson returning from military service a similar book of business that would yield the same commissions he enjoyed before leaving for active duty was a violation of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), according to the Second Circuit Court of Appeals. The employee returned from military service…

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Oct 24 2011
Leave Laws

No problem firing employee for gambling binge while on FMLA leave

Campbell v. Verizon, ED Virginia, Sept. 2011). Terminating an employee for activities that are seemingly inconsistent with FMLA leave requires close scrutiny on a case-by-case basis. Don’t assume that an employee is lying about their FMLA leave or underlying condition if they are taking vacations or enjoying themselves during leave. While this employee crossed a…

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Oct 21 2011
California

CALIFORNIA: Governor signs 2011 employment-related bills

Governor Jerry Brown recently signed into law a number of bills that affect the workplace. They all take effect on January 1, 2012. Employers cannot be required by the state of California or any city or county in California to participate in the federal E-Verify program (  Health insurance coverage for pregnant employees:SB 299). This…

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Oct 14 2011
Uncategorized

No need to post that NLRB poster just yet

The National Labor Relations Board (NLRB) has pushed back the requirement for employers to post the new employee rights announced that the new implementation date will be January 31, 2012 (it was previously November 14, 2011, as Vigilant reported in our September 2, 2011, newsletter). The poster explains the rights of most non-management employees under…

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Oct 05 2011
Uncategorized

Affirmative Action: OFCCP alleges cheese producer discriminated against minorities

The Office of Federal Contract Compliance Programs (OFCCP) has issued a If your business depends on income from federal contracts, pay close attention to any obligations you may have as a federal contractor. Although job-related tests can be a helpful tool to fairly compare candidates, the OFCCP is highly suspicious of any test that has…

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Oct 03 2011
Employee Benefits

EEOC discussion letter rehashes GINA rules on wellness incentives

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Sep 26 2011
Employee Benefits

No COBRA penalties awarded against good faith employer

Gomez v. St. Vincent Health, Inc., 7th Cir, Aug. 2011).<!—?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /?—>   Tips: 

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Sep 19 2011
Uncategorized

NLRA rights poster now available

The National Labor Relations Board has released the new poster that most private employers will be required to display as of November 14, 2011. The poster explains the rights of most non-management employees under the National Labor Relations Act (NLRA) to band together on issues related to wages, hours and working conditions.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /?>…

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