Vigilant Blog

Employees are criminally liable for violation of the Computer Fraud and Abuse Act (CFAA) if they go beyond the restrictions in the employers computer use policies with an intent to defraud, and as a result are able to obtain anything of value, ruled the Ninth Circuit U.S. Court of Appeals. An executive left employment to…

With class action lawsuits grabbing big headlines, employers may have a new option to protect themselves: requiring employees to sign arbitration agreements that prohibit class actions. The U.S. Supreme Court recently upheld an arbitration agreement between AT&T and its cell phone customers, where the agreement said that all disputes would be resolved through arbitration or…

A recent injury at a Washington food processing plant paints a grave picture of the worst-case scenario when lockout/tagout procedures fail. A factory worker was injured when his clothing got caught in a conveyor and pulled him into hazardous machinery. His co-workers scrambled to find a shut off switch to the machine, but couldnt locate…

In case you had any doubt that the Department of Labor means business when it comes to its enforcement initiative to protect participant contributions to employer-sponsored retirement plans, look no further than our own back yard. In a recent decision, the Ninth Circuit U.S. Court of Appeals affirmed the criminal convictions and $20,000 penalties imposed…

A sales representatives angry questioning of a new dress code to a vice president, in front of other sales reps, was protected concerted activity under the National Labor Relations Act (NLRA), ruled the National Labor Relations Board. Male employees were accustomed to wearing Tommy Bahama style shirts, in keeping with the employers resort casual dress…

A bankruptcy court decision illustrates how an apparently slam-dunk “unforeseeable business circumstance” excusing an employer from giving notice under the Worker Adjustment and Retraining Notification (WARN) Act can still drag an employer into court. A manufacturer of roof racks and side rails was hit hard by the automobile industry’s economic slump. It approached its major…

Tips: It is highly questionable whether the Ninth Circuit would agree with this courts employer-friendly approach. We recently reported on a surprising Ninth Circuit opinion that quitting after announcement of an impending plant closure doesnt count as a voluntary departure (Collins v. Gee West Seattle, 9th Cir, Jan. 2011). Therefore it may be wise for…

An employer can be liable for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) when an adverse employment action is influenced by a biased supervisor who intentionally tries to cause the action, ruled the U.S. Supreme Court. In this case, a supervisor and her boss were frustrated by a hospital technician’s need for…

The employers clearly written call-in policy, combined with its documentation showing that the employee had received the policy and understood its application, helped win this case. To review what it may take to successfully defend and enforce violations of your call-in policy, call your Vigilant staff representative. Also, consider using our Model Form, Call-In Report…

In a move that federal OSHA is calling small business friendly, the agency recently reversed its position on two issues that caught the eye of the entire business community. First, OSHA proposed interpretation that would have allowed it to enforce engineering controls ahead of hearing conservation programs. Since it was addressed in an interpretation, formal…

In a decision that contradicts a common interpretation of the federal Worker Adjustment and Retraining Notification (WARN) Act, the Ninth Circuit U.S. Court of Appeals recently ruled that employees who quit in response to an announcement of a plant closure are entitled to notice under the Act. Under the WARN Act, covered employers have an…

As of January 4, 2011, Department of Transportation (DOT)-covered motor carriers may use electronic signatures and electronic records storage in complying with DOT regulations, according to recent regulatory guidance (