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Employment Law

In health care? Get ready for federal affirmative action scrutiny

06/24/2010

The Office of Federal Contract Compliance Programs (OFCCP) has a bigger budget and more staffing this year, and intends to audit federal government contractors or subcontractors that have 50 or more employees and a contract or subcontract of at least $50,000. And the OFCCP can be expected to increase its scrutiny on health care providers that are contractors or subcontractors for the government.

Temp service settles sex harassment case in Butler

06/24/2010
The temporary-services agency ADECCO USA has settled a string of sexual harassment and retaliation lawsuits filed by women assigned to work at Pittsburgh Plastics Manufacturing’s facility in Butler.

Hershey extracts union concessions for new plant

06/24/2010
When the Hershey Co. decided to stop making chocolate at its 106-year-old factory in the heart of Hershey, the company faced the choice: Move all 1,500 jobs to other states, or cut about one-third of those positions and move the remaining workforce three miles to a more modern plant. Hershey asked the Chocolate Workers Union Local 464 to accept a seven-year contract that sacrificed some jobs while boosting pay for remaining workers.

Hiring contractors? Let them work for others, too

06/24/2010
If you use independent contractors, make sure they have the freedom to work for other clients and largely set their own schedules. Those criteria are important for determining whether someone is eligible for unemployment.

After FMLA, OK to reassign worker who can’t do old job

06/24/2010

An employee who takes FMLA leave is entitled to return to her old job or an equivalent one when she’s ready to return to work. But what if the employee can’t perform her old job, perhaps because of lingering health problems? Reassign her.

Set up standard process for responding to accommodations requests–and use it every time

06/24/2010
One of the quickest roads to the courthouse is to ignore or brush off a disabled employee’s request for accommodations. At least investigate the possibilities before denying a request.

Lawsuit-proof your HR operations: Document business reason for every decision

06/24/2010

It’s difficult to predict which employee will be the next to sue. That’s why your best defense is to treat every major employment-related decision as a potential lawsuit. How? Back it up with a solid, business-related justification.

What are the ramifications of disclosing information during preliminary negotiations?

06/24/2010
Q. A recently terminated employee retained an attorney, who then engaged in pre-suit negotiations with our HR vice president. During those negotiations, our VP disclosed, in writing, some confidential information about the internal investigation that led to this employee’s termination. Negotiations have since broken down and the employee filed suit. Should I be concerned about these pre-suit disclosures coming back to haunt us in the litigation?

OSHA: Employers must provide safety training in ‘language and vocabulary’ that worker understands

06/23/2010
Many government safety regulations require employers to give employees safety or health training. In May, OSHA issued an enforcement memo to its inspectors, directing them to verify that employers are giving such training, “using both a language and a vocabulary that the employee can understand.”

Review e-communications policies in wake of Supreme Court texting decision

06/22/2010
The Supreme Court ruled last week that a police department’s search of an officer’s personal text messages sent via a department-issued pager didn’t violate his constitutional rights. But the court punted on the question of how much privacy employees can expect when using employer-provided gear. The split decision means your policies are more important than ever.