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

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Aug 26 2010
Uncategorized

Difficulty with nighttime commute requires ADA accommodation

Tips: The Ninth Circuit was very clear that the duty to accommodate a disability extends to commute-related limitations. Be prepared to discuss accommodation options if an employee gives a medical reason for being unable to work your desired schedule. You need not select the employees preferred accommodation as long as you choose one that…

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Aug 23 2010
Uncategorized

OSHA targeting severe violators

CPL 02-00-149). If OSHA or your state safety and health agency issues a citation at your facility, contact your Vigilant safety professional immediately, and pay attention to the deadline for appealing the citation. The notice will warn you if the citation has been designated as a severe violator enforcement case. Each citation is of…

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Aug 20 2010
Affirmative Action

Affirmative action compensation guidelines to be revamped, more changes coming

Big changes are afoot at the Office of Federal Contract Compliance Programs (OFCCP). Patricia Shiu, the civil rights attorney who took over leadership of the OFCCP a year ago, announced in a   The OFCCP is already soliciting input on ideas for a proposed rule to strengthen the affirmative action regulations for individuals with disabilities…

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Aug 19 2010
Uncategorized

Whistleblower protections expanded

H.R. 4173, signed July 21, 2010). Among other things, the new law: Allows individuals who provide original information to the Securities Exchange Commission (SEC) that results in monetary sanctions against publicly traded employers, to claim between 10 and 30 percent of any sanction over $1 million (Section 922). Clarifies that employees of subsidiaries…

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Aug 13 2010
Hiring

Form I-9: USCIS clarifies three-day rule and electronic storage

The federal U.S. Citizenship and Immigration Services (USCIS) recently clarified how to apply the three-day rule when completing the   First, the USCIS recently fourth business day of an employee’s new employment to complete the Form I-9.    75 Fed Reg 42575, July 22, 2010). Under the final rules, employers may fulfill their employment eligibility verification…

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Aug 12 2010
Uncategorized

SAFETY: Food, beverages and toxic materials don’t mix

interpretation letter, OSHA confirmed that the Occupational Safety and Health Acts sanitation standard prohibits employees from consuming food or drinks in areas where they will be exposed to hazardous materials that could cause serious physical harm or death. OSHA cited acetone and paint thinner as examples of materials that employees should not be eating or…

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Aug 10 2010
Uncategorized

New IRS HIRE Act guidance raises questions on layoffs

FAQs about the payroll tax exemption for new hires under the The latest FAQs indicate that, to qualify for the payroll tax exemption on a recalled employee, the layoff must have actually constituted a termination of the employment relationship, so that the recall is a new (reestablished) beginning of employment (QE17-18, posted July 23, 2010)….

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Aug 09 2010
Employee Benefits

Collectively bargained plans: how to determine grandfathered status

If your health plan is maintained pursuant to a collective bargaining agreement, it’s important to understand how the health care reform law’s “grandfathering” rule applies to your plan. The rules play out differently depending on whether you maintain a single employer plan that is collectively bargained or a collectively bargained multiemployer plan.   The general…

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Aug 06 2010
Affirmative Action

EEO-1,  VETS-100 and VETS-100A Reports due Sept. 30

If you haven’t started gathering your workforce data to meet the September 30 deadline for filing the federal EEO-1, VETS-100 and VETS-100A Reports, now is the time to begin. All employers with at least 100 employees must file the   If you have any federal contracts, check the amount and the date the contract was…

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Aug 04 2010
Uncategorized

Moving up termination after complaint equals retaliation

  1308) or contact your Vigilant staff representative.

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Jul 30 2010
CaliforniaHiring

CALIFORNIA: Employee can sue for false inducement to relocate to California

A man who moved from India to California for a job can sue his employer for misrepresenting the terms of his employment in violation of California Labor Code Singh v. Southland Stone, U.S.A., Inc., Cal App, July 2010).   Tips:4370). 

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Jul 28 2010
OregonWage and Hour

OREGON: Insufficient notice of wage claim gets employer off the hook

Failing to pay an employee about $840 in wages nearly cost one employer an additional $16,000 for the employee’s attorney’s fees, until the Oregon Court of Appeals reversed the trial court’s award. To collect damages and attorney’s fees, Oregon law requires an employee to notify their employer about the potential wage claim, giving the employer…

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If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

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