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News, trends and analysis in employment law, HR, safety & workers' comp

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May 05 2014
Disability

Unilateral revocation of accommodation violates ADA

In a scorching rebuke to an employer, a federal district court ruled against the company for unilaterally revoking a long-observed disability accommodation and ultimately firing the employee. The employee was a chemical engineer who was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Bipolar Disorder. The employee requested a change in schedule from 8:30-5:00 to…

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May 01 2014
Drug and Alcohol

E-cigarettes and the smoke-free workplace

Question: What are electronic cigarettes?Answer: Electronic cigarettes, or “e-cigarettes,” are tobacco-free, nicotine delivery devices. They are battery powered and do not emit tobacco smoke. E-cigarette users are said to “vape” the devices, rather than smoke them.  The e-cigarettes emit a vapor cloud which is a mix of water and nicotine. Question: We have a smoke-free…

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Apr 28 2014
Uncategorized

Supervisor’s lax oversight of harasser results in jury trial

Two female employees have sufficient evidence of extreme and ongoing workplace harassment to argue their claims before a jury, according to a federal district court in Washington. The employees worked as sales account executives for an internet-based media advertising company. The women allege they were repeatedly harangued with sexually explicit emails, some even coming from…

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Apr 25 2014
California

California Sexual Harassment Training this May 13th

Provide your supervisors with required California sexual harassment training and education and reduce your risk to costly harassment claims. Our Policy Briefing for Supervisors and Employees class provides everything your supervisors need to meet California’s requirement for training in preventing sexual harassment. We focus on issues of harassment, including the definition of improper conduct. We…

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Apr 24 2014
Labor Relations

NLRA game changer: College football players get green light to unionize

Many observers were quite surprised by the recent decision of the National Labor Relations Board (NLRB)’s regional office in Chicago which allowed scholarship football players at Northwestern University to form a union. Interestingly, the ruling only applies to the 85 scholarship players on the team within the proposed bargaining unit and excludes the 37 non-scholarship…

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Apr 24 2014
HiringWashington

Spokane Washington Form I-9 Workshop this May 15th

Join us for a hands-on, practical look at how to complete and correct the form I-9. In our I-9 workshop you will learn everything you need to know about filling out the I-9 form accurately. We'll go through the motions in this interactive workshop including: Filling out sample I-9 forms,  Auditing the sample forms, and…

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Apr 21 2014
Wage and Hour

President orders overhaul of overtime rules

President Obama issued a directive on March 13, 2014, to the U.S. Secretary of Labor to propose changes that would “modernize and streamline” the federal overtime rules. The intent is to shrink the “white collar” exemptions so more workers are eligible for overtime. This change will not happen overnight; the Department of Labor (DOL) will…

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Apr 17 2014
Leave LawsQ&A

FMLA defines spouse according to state law

A: The FMLA allows an otherwise eligible employee to take leave to care for a spouse with a serious health condition. When determining who is a “spouse,” the FMLA looks to the law of the state where the employee resides, which includes common law marriages and same-sex marriages, where they are recognized by state law….

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Apr 08 2014
CaliforniaLabor RelationsWage and Hour

CALIFORNIA: Collective Bargaining Agreements Can Determine Overtime Compensation

Collective bargaining agreements (CBAs) can, in certain cases, override strict state laws on overtime, ruled a California court of appeals. Unionized production and maintenance workers at Exxon’s Santa Ynez facility worked 12 hours a day for seven days in a row, followed by seven days off. According to California labor law, workers are entitled to…

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Apr 03 2014
Uncategorized

Final rules issued on ACA’s 90-day waiting period limitation

The IRS recently issued final regulations interpreting the Affordable Care Act (ACA) provision that prohibits group health plans from having an eligibility waiting period of more than 90 days. A waiting period is defined as the period of time that must pass before an otherwise eligible individual’s coverage under the employer’s group health plan becomes…

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Apr 02 2014
Leave Laws

FMLA May Cover Family Trip to Las Vegas

Providing physical and psychological care for a terminally ill parent on a last hurrah in Las Vegas qualified as care for a family member under the federal Family and Medical Leave Act (FMLA), ruled the Seventh Circuit U.S. Court of Appeals. An Illinois employee was terminated for excessive absenteeism after she accompanied her mother on…

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Apr 02 2014
Uncategorized

Supreme Court rules that severance payments are subject to FICA taxes

Severance payments for terminated employees are subject to FICA taxes, as long as the severance isn’t tied to state unemployment benefits, ruled the U.S. Supreme Court today. FICA is the Federal Insurance Contributions Act, which requires workers and employers to pay taxes on wages in order to fund Social Security and Medicare. Quality Stores, Inc.,…

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