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Safety/Health

Can we ban nurses from wearing protest buttons—without violating the NLRA?

04/14/2009

Q. Some of the nurses at our hospital have started wearing union buttons that state, “Nurses Demand Safe Staffing.” If the hospital administrators ban the buttons, will the hospital have committed an unfair labor practice?

Beware the fickle judgment of jury trials

04/09/2009

Because juries are notoriously unpredictable, most attorneys advise doing everything possible to avoid jury trials. Even so, juries often wind up deciding employment law cases because of the subtlety of the issues involved. In the following case, the Minnesota Court of Appeals sent a case to trial so a jury can decide whether taking away an employee’s telecommuting opportunity might be retaliation.

Franchiser not liable for franchisee employees’ safety

04/09/2009

If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.

It’s your right! Prohibit guns in parking lot

04/07/2009

A recent 6th Circuit Court of Appeals decision has specifically upheld the right of Ohio employers to ban guns in locked cars on company property. You can and should have a clear policy prohibiting guns at work and in the parking lot. You can discipline employees who violate that rule.

What should we consider when deciding whether to contest an OSHA citation?

04/07/2009

Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?

IRS, DOL release guidance on new COBRA rules

03/24/2009

The IRS and the U.S. Department of Labor have just published guidance to help employers claim the credit for the new 65% COBRA subsidy and create the mandatory new COBRA notices. Look here for links to the documents and information you need to comply.

Prepare for Michigan’s new workplace ergonomic standards

03/18/2009

The Michigan Department of Energy, Labor and Economic Growth is one step closer to implementing workplace ergonomic standards that will apply to most businesses in the state. Most Michigan employers should plan now to comply. Only agriculture, construction, mining and domestic workers would be exempt from the new rules.

Are you a prime contractor? Beware liability for your subs’ safety violations

03/12/2009

OSHA is responsible for worker safety, and it takes that responsibility seriously. It recently won a significant victory in the 8th Circuit Court of Appeals, which upheld OSHA’s right to hold contractors liable for their subcontractors’ safety violations.

Preventing workplace violence in 5 steps

03/10/2009

There’s never been a better time to implement a violence prevention plan. Tough economic times sometimes cause people to snap—and they might do so at work. You need a prevention program that starts with employee screening and ends with publicizing your tough anti-violence policy.

Employee wellness committees focus on community service

03/09/2009

At PCL Construction in Denver, employees decide which wellness programs the organization will offer. Employee-run wellness committees at each corporate location focus on physical, financial and community wellness, as well as team building.