Archives

Whistleblowers: Employer Ordered To Pay $1.3 Million For Retaliating Against Complaining Worker; How To Prevent Whistleblower Lawsuits

Margaret Gardenhire was an eligibility interviewer for the Housing Authority of Los Angeles. She received outstanding performance ratings and promotions, and had even been named employee of the year. But after Gardenhire reported suspected illegal activity by a Housing Authority consultant, her performance rating plummeted and her boss threatened to fire her. She sued, and […]

Accommodating Disabled Employees: New Case Says Union Contract Doesn’t Have To Bend To ADA Accommodations; Tips On Avoiding Problems

Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]

Hiring Temporary Workers: EEOC Says Both You And The Staffing Agency Are On The Hook For ADA Compliance

Many employers don’t know they may have Americans with Disabilities Act obligations when they hire temps or other contingent workers through a staffing agency. New Equal Employment Opportunity Commission guidelines hold employers and staffing agencies—including temporary employment agencies, contract firms and employee leasing companies—jointly responsible for ADA compliance. Employment Offers And Disability-Related Questions The staffing […]

Health Benefits: New Strict Time Limits For Claims And Appeals

New Department of Labor regulations on health benefit claims and appeals procedures reduce the time allowed for processing claims and reviewing claim denials. The rules apply to claims filed on or after Jan. 1, 2002, under all ERISA-governed health plans including employer-provided health programs such as dental and vision coverage, disability plans and HMOs.

News Notes: Latest Developments In Ergonomics

The debate over a national ergonomics standard continues. The Bush administration is currently reviewing the new ergonomics rules, and at least 31 lawsuits have been filed challenging them. Plus, the question of whether there is scientific support for the standard is still open. A long-awaited study by the National Academy of Sciences concluded that some […]

News Flash: Court Raises The Stakes For Using Illegal Noncompete Agreements

Contracts that bar employees from working for competitors after they leave your company are unenforceable under California law in most cases. And now such provisions pose an even bigger problem for employers. That’s because a Court of Appeal has recently ruled that you can be sued for insisting employees sign a noncompete agreement as a […]

News Flash: New OSHA Recordkeeping Rules

In the eleventh hour of the Clinton administration, the federal Occupational Safety and Health Administration issued a spate of new regulations. These include a new form replacing the OSHA 200 injury and illness log and new rules for recording workplace injuries. The new form and rules are scheduled to take effect next year. However, President […]

News Flash: Workers’ Compensation Resurfaces In Sacramento

  Last year Gov. Davis vetoed a bill to increase workers’ comp benefits. But, as expected, the issue has already emerged in a new bill, S.B. 71, that calls for a study to make recommendations for boosting benefits and implementing other workers’ comp reforms. Employer proposals include reducing permanent disability payments when an employee returns […]