Vigilant Blog

As employers have been forced to make tough decisions during the economic downturn, such as layoffs, furlough days and salary reductions, employees may have felt lucky to still have their jobs. But as the economy starts to turn around, employees may feel disgruntled about the cuts that have been made and start looking for better…

Stengart v. Loving Care Agency, Inc., NJ Sup Ct, March 2010).

HR 3590), amending the Fair Labor Standards Act). You should generally be able to require employees to use their normal meal periods and rest breaks if they need to express breast milk. An individual may need more time, though, than the typical 10-minute rest break, or may need breaks more frequently. If the break…

A fire chief was entitled to terminate a probationary firefighter for posting official photos on her personal MySpace page, ruled a federal appeals court. The chief wasn’t happy to learn that the employee copied the fire department’s recruiting photo and placed it near a bare-shouldered shot of herself entitled “Fresh out of the shower.” When…

How would you handle a situation in which a male Muslim employee refused, on religious grounds, to shake hands with women? A recently released informal discussion letter from the federal Equal Employment Opportunity Commission (EEOC) addresses exactly that situation and gives employers guidance on their religious accommodation obligations (EEOC Informal Discussion Letter, 1147) or contact…

Investigating Accidents class, which teaches how to identify real accident causes, and develop action-oriented prevention methods in a quick and timely fashion.

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…

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…

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

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…

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…

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…