HR Management

Bulletproof anti-harassment policy by ensuring employees know how to lodge their complaints

11/29/2010

It’s been over a decade since the U.S. Supreme Court laid down the law on what employers need to do to prevent and cure sexual harassment. That’s long enough for complacency to have set in. By now, some employers may have started taking sexual harassment less seriously than they did when the court first ruled. That’s a potentially costly mistake.

Investigations: You can (and should) demand silence from all participants

11/26/2010

Water-cooler talk about alleged discrimination or harassment can poison a workplace. That’s why your company policy should require all participants in investigations (including witnesses) to keep quiet about the issue. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story.

After 40 years, OSHA enforcement about to get much tougher

11/24/2010

Get ready for much tougher enforcement under OSHA’s new Severe Violator Enforcement Program. The SVEP will concentrate OSHA’s resources on inspecting employers that have demonstrated indifference to their safety and health obligations by committing willful, repeated or failure-to-abate violations. Here’s what you need to know to prepare for this new workplace safety regime.

OSHA plans ‘radical change’ to workplace noise standards

11/23/2010

With little fanfare, OSHA last month said it’s considering what employer groups are calling a “radical change” to employer obligations regarding workers’ exposure to occupational noise. “The announcement may have been quiet, but the impacts could be loud,” says a report by the Nixon Peabody law firm. “If adopted in their current form, the new obligations will be substantial and the potential cost to employers is likely to be immense.”

Federal employees lead pack in race to end distracted driving

11/23/2010

When OSHA launched Drive Safely Work Week in October, employees of the federal government were already in the driver’s seat. President Obama signed an executive order last year prohibiting federal employees from texting while driving. This fall, OSHA called on all employers to do the same for their employees.

Housing problems overtake child care as No. 1 EAP request

11/22/2010

For the first time, troubles related to housing and moving are the most popular subject of employees’ calls to employee assistance programs, says EAP provider ComPsych.

Firing worker for Facebook rant: Is it illegal?

11/22/2010

In what could be a groundbreaking case, the National Labor Relations Board filed an unfair labor practice complaint last month against a Connecticut company that fired a worker who complained about her supervisor on Facebook. This is the first case in which the NLRB has argued that workers’ criticisms on social networking sites are protected activity.

Can our harassment policy penalize false claims?

11/19/2010

Q. Can we implement a provision on our sexual harassment policy that imposes discipline on employees who bring false harassment claims?

Cal/OSHA fires back at federal OSHA critique

11/19/2010

The federal OSHA says California’s occupational safety and health program is deficient. The California Department of Industrial Relations (DIR) disagrees—although officials admit there’s always room for improvement.

Conducting online background checks? Beware the pitfalls

11/16/2010

Online tools can be highly valuable in recruiting and selecting the best candidates and screening out bad hires. Despite the potential advantages, those activities come with potential employment law risks that are still evolving due to the relatively recent emergence and growth of social media. Some of the obvious and not-so-obvious legal risks: