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Feb 24 2010
Uncategorized

No overtime exemption for helicopter pilots

Helicopter pilots must be paid overtime, or at least thats what the U.S. Third Circuit Court of Appeals says. The Port Authority of New York and New Jersey have considered their helicopter pilots exempt from overtime under the learned professional category of the federal Fair Labor and Standards Act (FLSA). In order to qualify as…

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Feb 22 2010
Employee Benefits

Employers face COBRA subsidy transition issues

  6015). And stay tuned for more on the COBRA subsidy—there is legislation introduced in Congress that, if passed, would extend the COBRA subsidy eligibility and would create more transition and notice issues. Vigilant will keep members informed.  

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Feb 19 2010
CaliforniaWage and Hour

CALIFORNIA: Partial-day leave bank deductions under four hours are OK

Employers may deduct from exempt employees’ leave banks for partial-day absences, even when the absence is less than four hours, according to an opinion letter from the California Division of Labor Standards Enforcement (DLSE). The letter is a reversal of the DLSE’s previous position, and will allow employers greater latitude in deducting from paid leave…

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Feb 17 2010
Uncategorized

FMLA may protect leave to travel to a foreign country

Question: An employee requested leave to take her ill husband to Mexico for treatment and to visit family. Do I have to grant the leave? We know the husband has a serious health condition under the federal Family and Medical Leave Act (FMLA). Answer: Maybe. You need to determine two things: is the husband…

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Feb 15 2010
Uncategorized

Spotlight on Safety: Don’t forget mobile equipment in your lockout/tagout program

When working on the electronics of the equipment, you must disconnect the battery. Blocking the mast or carriage before working under the load is also a must. Using chains, come-alongs or chain falls, is

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Feb 11 2010
Uncategorized

Battery verdict upheld against CEO for workplace harassment

Myers v. Central Florida Investments, Inc., 11th Cir, Jan. 2010). Tips: It is critical to establish an effective internal avenue for employees to raise serious concerns about top executives. Once a complaint goes external, defending it is much more expensive. Consider using an outside party such as Vigilant to conduct an investigation on the company’s…

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Jan 28 2010
DisabilityDrug and Alcohol

Medical questions after pre-offer drug test may violate ADA

Harrison v. Benchmark Electronics Huntsville, Inc., 11th Cir, Jan. 2010). Tips: Notice of a positive drug test result should go directly to the MRO. If the MRO determines that a legitimate prescription caused the positive result, then you should be told the test result was negative, with no other details. You can make the job…

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Jan 27 2010
Uncategorized

FMCSA prohibits texting while driving

Drivers of commercial motor vehicles (CMVs) are prohibited from texting while driving in interstate commerce, announced the Federal Motor Carrier Safety Administration (FMCSA) in regulatory guidance. The agency conducted a study that monitored over 200 truck drivers over three million miles, and found that those who texted while driving were 23.2 times more likely to…

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Jan 26 2010
Uncategorized

Employer ordered to rescind media contact policy

Its natural to want to control company-related statements to the media. The challenge is crafting a policy that doesnt run afoul of the NLRA. Consider using this language: Only the following individuals are authorized to communicate with the media on the companys behalf: [list job titles]. In all other cases, you are not permitted…

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Jan 21 2010
California

CALIFORNIA: Expanded Prop 65 list includes wood dust

announced that it was adding wood dust and zidovudine (AZT) to the list as substances that can cause cancer, and adding tert-amyl methyl ether (TAME) and ethyl-tert-butyl ether (EBTE) as substances that can cause birth defects.example warning is available on our website.

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Jan 21 2010
Uncategorized

Why office betting pools may be a gamble

  Montana only if a randomly assigned grid is used. In ORS 167.117 to .121). In California and Idaho, office betting pools are always illegal no matter how they’re structured (Idaho Code 18-3802). If you’re allowing employees to conduct an office betting pool, make sure you know your state’s law and how to comply. Clearly…

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Jan 21 2010
Disability

MONTANA: Employer lucks out on discrimination claim

A Montana employer lucked out and was found by a state agency not to have illegally discriminated against a probationary employee that supervisors described as “too old for the job” and looking “like he’d had a stroke.” Reinhardt was a locomotive engineer trainee who had difficulty with many of the physical aspects of the job….

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