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HR Management

Despite ERISA workers’ comp plan, employee can still sue for negligence

02/01/2008

Texas employers that opt out of the state workers’ compensation system often adopt separate insurance plans to cover employees’ on-the-job injuries. Those plans usually provide no-fault benefits and are governed by ERISA. That doesn’t mean, however, that employees can’t sue under other state laws …

Tests to determine whether BP equipment caused fatal accident

02/01/2008

The attorney for the family of a worker who was fatally injured at BP’s Texas City refinery recently stated that he will have a metallurgist test equipment to determine whether its age and condition were factors in the accident …

OSHA safety reporting requirements

02/01/2008

Q. What information must be included in an OSHA Log 300 and when must it be posted? …

Colorado Workers’ Compensation Act

02/01/2008
Colorado’s workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The state’s Division of Workers’ Compensation (www.coworkforce.com/DWC) administers the law …

Minnesota Workers’ Compensation Law

02/01/2008
Minnesota’s workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The Minnesota Department of Labor & Industry administers the law. The system works as a no-fault guarantee …

How to strategically manage turnover

02/01/2008

You know turnover is expensive; it forces your organization to recruit and train new employees. And while not all turnover is undesirable, a growing number of organizations are starting to focus on the management of turnover as a strategic business issue, both in terms of controlling bottom-line costs and driving top-line results …

FLSA doesn’t require pay for optional training that prepares for advancement

02/01/2008

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for any time spent on the job that benefits the employer. There are, however, some exceptions. For example, if employees use their own time to study materials that will qualify them for promotions, that time generally doesn’t have to be paid …

An age-Old problem: ‘Stray remarks’ have a way of coming home

02/01/2008

Conventional wisdom has been that isolated or “stray” remarks alone by an employer do not prove discriminatory intent. Conventional wisdom may be wrong. A recent 2nd Circuit Court of Appeals case (Tomassi v. Insignia Financial Group, Inc., 478 F.3d 111, 2007) has clarified what it deemed a misconception of the true meaning of the term “stray remarks”  …

Trainer uses drill sergeant tactics? Make sure it’s ‘Equal opportunity pressure’

02/01/2008

Some managers, especially those with extensive military training, may rely on techniques straight out of boot camp. Under the right circumstances, they can be very effective trainers, who get results and create an effective team. But loud, intimidating and in-your-face behavior comes with a huge risk …

Despite lawsuit fears, should we provide anti-Harassment training?

02/01/2008

Q. Our company is considering providing anti-harassment training to all employees. Some executives are concerned that the training might actually stir up lawsuits. Do you recommend such training? …