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The U.S. government is sharpening its whistleblower protection program, hiring and training more OSHA agents to cultivate employee complaints against their companies. The Occupational Safety and Health Administration (OSHA) wants to increase the number of “whistleblower managers,” who work with disgruntled employees to dig up dirt on companies for alleged violations of workplace laws. Their work […]
Although the COBRA statute never defined gross misconduct — leaving it up to the courts — no dictionary is needed when an “out-of-control” employee screams profanities at and makes seemingly threatening hand gestures toward another employee, saying she would “get” hers. This behavior was “so manifestly so outrageous and extreme as to constitute gross misconduct,” […]
Controversy surrounding actions coming out of the National Labor Relations Board (NLRB) intensified on September 22 when a congressional committee examined what the panel’s chairman called the agency’s “assault on American workers and job creators.” The House Education and the Workforce Committee, chaired by Representative John Kline, a Minnesota Republican, titled the hearing “Culture of […]
Perhaps employers have been mistaken in assuming they never have to worry about a worker’s commute when accommodating a sickness or disability. In certain circumstances, an employer may be required to assist with an employee’s commute, the 2nd Circuit says in a recent opinion (Nixon-Tinkelman v. New York City Department of Health and Mental Hygiene). […]
Litigation Value: More fodder for everybody’s negligent retention suit as Dwight shows more predilections toward violence in the workplace, but otherwise, not much litigation expected from this episode – just a host of employee morale issues. I’m sure Robert California will be harassing someone before long, though. Well, friends, the wait is finally over – […]
Rigorous Inspections for Employee Attire Prior to flight, the female employees file into a beauty inspection where their attire is inspected — one woman is singled out for a torn stocking and must borrow a pair from a co-worker. Each is also required to pass a weigh-in, and must attest to the fact that she […]
In the opening scene of ABC’s newest fall drama, Pan Am, flight attendants check in for work. Everything from their identical blue suits to the luggage bags emblazed with the Pan Am logo is iconic of the early age of air travel. However, the premiere episode also reveals strict employment standards for Pan Am’s flight […]
Four umpires who worked the 2011 U.S. Open Tennis Championship weren’t happy with the tournament’s outcome. It’s nothing personal against this year’s champions Samantha Stosur and Novak Djokovic, but rather the U.S. Tennis Association (USTA), who the umps say should have paid them overtime. The umpires say the Open regularly requires working more than 40 […]
Alleging that a supervisor exacerbated an employee’s pre-existing health condition is not a valid theory of liability under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals ruled. The issue of serious health conditions covered by the FMLA causes human resources professionals some confusion. But as the 7th Circuit’s decision in […]
Employers worried that they may have misclassified independent contractors may find relief in a new program from the IRS. The Voluntary Classification Settlement Program (VCSP) was announced September 21 and offers employers the opportunity to get into compliance by making a minimal payment covering past payroll tax obligations rather than waiting for an IRS audit. […]