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Aug 14 2014
Drug and Alcohol

Rules finalized for small business health care tax credit

The IRS has published final rules explaining how eligible small employers may claim a partial tax credit for providing health insurance to their employees. To qualify for the credit, the employer must have 25 or fewer full-time equivalent employees (FTE), and the average annual wages of the company’s FTEs must be at or below a…

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Aug 12 2014
Disability

Telecommuting privileges can be an accommodation under ADA

An employee received the green light to sue his employer after the employer withdrew his telecommuting privileges and then fired him 30 days following his disclosure that he needed to work from home due to a social anxiety disorder. The logistics employee worked for his employer for three years and, after receiving positive reviews, was…

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Aug 06 2014
Vigilant News

How Vigilant Leadership Advantage empowered a safety manager to build trust with his peers

Michael Davis, Swanson Bark & Wood Products, was appointed to the position of Environmental Health and Safety Coordinator. New to this role and team, he needed to quickly advance his skills as a leader while building trust among his peers. Michael is responsible for managing the entire safety program, working directly with management, supervisors and…

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Aug 05 2014
Disability

EEOC issues controversial guidance on Pregnancy Discrimination Act

The Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance and questions and answers about the Pregnancy Discrimination Act (PDA), with a controversial twist. The guidance says employers must treat pregnant workers with limitations the same as other employees who are unable to perform their jobs without making a distinction based on the source…

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Aug 05 2014
Hiring

Clear documentation saves employer from age discrimination liability

Thorough documentation of job requirements recently helped an Oregon employer win an age discrimination claim. A 61 year old welder filed claims of age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA) after unsuccessfully applying for numerous higher paying welding positions with his employer, the U.S. Army Corps of Engineers. The final…

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Jul 30 2014
Disability

Annual fitness-for-duty exams generally not allowed

Q: We want to make sure our employees remain healthy and able to do their jobs. Can we require them to submit to an annual fitness-for-duty exam? A: No. Absent specific performance related concerns or an observable risk of harm, the Americans with Disabilities Act (ADA) prevents you from requiring that your employees submit to…

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Jul 17 2014
CaliforniaWage and Hour

CALIFORNIA: Minimum wage for exempt workers increased July 1, 2014

In order for a professional, administrative, or executive employee to be exempt from overtime in California, the minimum annual salary must be at least $37,440 as of July 1, 2014. This is a result of California’s new hourly minimum wage of $9.00 per hour. The minimum annual salary for exempt workers is calculated by multiplying…

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Jul 17 2014
CaliforniaLeave Laws

CALIFORNIA: More family members covered by paid family leave

Effective July 1, 2014, employees in California may take paid family leave to care for a grandparent, grandchild, sibling, or parent-in-law with a serious health condition. The change is the result of a new law that expanded the definition of eligible family members, which originally included only a child, parent, spouse, or registered domestic partner…

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Jun 30 2014
Affirmative ActionHiring

Electric company pays $1M to settle hiring discrimination claims

Following a random audit by the Office of Federal Contract Compliance Programs (OFCCP), federal contractor Lincoln Electric agreed to pay $1 million in back wages to African American applicants it rejected for entry level positions. The money will be shared by a pool of 5,557 people who unsuccessfully applied for factory and production jobs. The…

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Jun 24 2014
CaliforniaWage and Hour

Class action claim for final pay violations allowed to proceed

A former PetSmart groomer has been given the green light to proceed with her class action lawsuit alleging that PetSmart’s practice of paying departing employees with a prepaid ATM card was a violation of the California Labor Code. Section 212(a) of the code requires that employers pay wages that are “negotiable and payable in cash,…

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Jun 20 2014
Labor RelationsWage and Hour

Employee’s outburst protected despite threats and profanity

A car dealership terminated a car salesman who, during an outburst, hurled expletives and insults toward the owner of the dealership, but the National Labor Relations Board (NLRB) ruled that the salesman was engaging in protected “concerted activity.” The salesman called the owner a  “f***ing crook,” and an “***hole.” He also told the owner that…

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Jun 17 2014
CaliforniaLeave Laws

CALIFORNIA: Leave of absence for pregnant employee may not be reasonable accommodation

Granting a leave of absence instead of workplace accommodations to a pregnant employee may not have been reasonable under California law, ruled a federal district court in California. When a pregnant employee asked for an accommodation of a bathroom break every three hours, and no heavy lifting or pushing, her employer allegedly told her that…

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