Archives

Insurance for Employee Lawsuits: Liability Insurer Leaves Employer in the Cold on Defamation Claim by Former Employee; Do You Need EPL Insurance?

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

You pay hefty premiums for liability insurance. So when a former employee sues your company’s president, you expect that your insurer will defend your organization. But as one employer recently found out, even if you think your insurance policy should cover employment-dispute lawsuits, it probably contains an employment-related practices exclusion—and you could be left to […]

Workplace Security and Privacy: How the USA Patriot Act Could Affect Your Company

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 19, 2015

In the wake of the Sept. 11, 2001, terror attacks, President Bush signed into law the USA Patriot Act, amending 15 federal statutes to give law enforcement officials wider latitude in investigating and punishing terrorists. Several provisions in the 342-page law will impact employers—particularly sections regarding records, electronic surveillance, and financial institutions. But because the […]

Workers’ Compensation: Court Looks at What Triggers an Employer’s Obligation to Provide Claim Form; 3 Practical Tips

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Generally, employers have 90 days from the date of an employee’s workers’ comp claim to investigate and then accept or deny the claim. And it’s critical not to miss the deadline because if you do, there will be a presumption that the injury is covered by workers’ comp. But suppose a worker who hasn’t filed […]

News Notes: Workplace Injury And Illness Rates Decline

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The U.S. Bureau of Labor Statistics has reported that the number of injuries and illnesses in private industry workplaces continued to edge down in 2001. The 2001 rate of 5.7 injury-and-illness cases per 100 full-time workers was not only an 8% decline from 2000 but also the lowest rate since the agency began reporting this […]

News Notes: Self-Insured Employer On The Hook For Insolvent Insurer’s Portion Of Workers’ Comp Benefits

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

As some workers’ comp insurers struggle to stay afloat, you may be wondering what would happen if yours became insolvent. In a recent case, a Denny’s employee’s work-related cumulative injury occurred over a one-year period that overlapped two months with the time Denny’s was self-insured for workers’ comp. During the other 10 months, Denny’s was […]

News Notes: Employer Defends Harassment Suit By Pointing To Employee’s Prior Sexual Conduct

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

A California appeals court has ruled that when an employee sues for hostile work environment sexual harassment, the employer can rely on evidence of the employee’s own sexual statements and conduct with the alleged harasser—whether in the workplace or not—to prove that the alleged harassment wasn’t unwelcome or abusive. The case involved a legal secretary […]

News Notes: Bush Issues New Executive Order Furthering Faith-Based Initiative

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

President Bush has issued a new Executive order exempting religious organizations that contract with the U.S. government from prohibitions on religious discrimination in hiring. The order, part of his “faith-based initiative,” applies to religious corporations, associations, educational institutions, and societies. It does not, however, release religious groups from complying with other state and local anti-bias […]

News Notes: New Guidance Available On Health Care Privacy Rules

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 19, 2015

As we reported in an earlier article, the government recently released new privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA). As the April 14, 2003, compliance deadline approaches, the U.S. Department of Health and Human Services has issued guidance (available on our website), including frequently asked questions, explaining significant aspects of the […]

E-Alerts: Disability Bias: California State Standard for Determining Who’s Disabled Is More Lenient Than the ADA, States Supreme Court Confirms

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The California Supreme Court has handed down a new decision making it easier for disabled workers in California to sue their employers for job discrimination. The court ruled that under the state Fair Employment and Housing Act, an individual claiming workplace disability discrimination need only show that their disorder limits a major life activity. In […]