Author: Jennifer Carsen

Ergonomics: Congress Scraps OSHA Ergonomics Rule

After 10 years of debate, the Occupational Safety and Health Administration issued a national ergonomics standard that covered 102 million workers and took effect in January. But the much-criticized rule—which some said would cost businesses more than $100 billion per year—has now been scrapped by Congress, within weeks of President Bush’s taking office. And the […]

ADA Accommodations: Supreme Court Says State Workers Can’t Sue Their Employers For Damages Under The ADA

Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]

Union Organizing: Employer Ordered To Bargain Even Though Union Lost Election; What You Can And Can’t Do During An Organizing Campaign

Have your employees been grumbling about wanting better pay and benefits? If so, you could be headed for a union-organizing drive, and it’s critical that you know what the law allows you to do. A recent case involving an employer that promised better pay and handed out perks to employees on union election day demonstrates […]

Reasonable Accommodations: New Case Says You May Have To Allow Telecommuting; Tips For Managing Accommodations

Suppose an accommodation you’ve provided for a disabled employee isn’t working out. How far must you go to find a new accommodation? And do you have to consider telecommuting as an alternative? A recent Ninth Circuit Court of Appeals decision zeroes in on these questions. And we’ll suggest ways to manage the accommodation process to […]

Disciplining Harassers: Court Considers What Is An Adequate Response To Co-Worker Sexual Harassment

If an employee reports being sexually harassed by a co-worker, you could be on the hook for steep damages if you don’t effectively investigate and remedy the problem. You may be tempted to take drastic disciplinary measures against the harasser to ensure that you’ve met your legal obligations. But according to a new Ninth Circuit […]

News Notes: Medicare Fraud Whistleblower Gets Over $34 Million

A recent case provides a dramatic example of how great the financial incentive can be for employees to blow the whistle on their employer. Donald McLendon, a former health care executive, will receive over $34 million for giving the government information about unlawful billing and fraud by his former employer Olsten Corp. and hospital giant […]

News Notes: Mandatory Employee Furloughs Require Caution

With the economic slowdown, if you’re tempted to ask employees to take time off to cut costs and avoid layoffs, you probably won’t have legal problems with nonexempt, nonunion employees, but use caution when it comes to exempt workers. Under the wage and hour laws, you can’t dock the pay of exempt employees, because they […]

News Notes: Classification Mistakes Prove Costly For Employers

Several large employers have recently run into expensive problems over the practice of handing out assistant manager titles, allegedly to avoid paying overtime to employees who perform largely the same work as nonexempt personnel. Workers are calling such tactics unfair labor practices and are suing for back overtime pay and damages. Two such cases are […]

News Notes: Retirees Sue Pacbell Over Severance Plan

In a recent decision, the Ninth Circuit Court of Appeals has given six former PacBell employees the green light to sue on charges that the company induced them to accept an early retirement package by not disclosing that it was considering offering a better severance program. The court rejected PacBell’s claim that it had no […]

News Notes: Employers’ Snooping Impacts Internet Privacy

A recent survey by the American Management Association shows that employers are stepping up their monitoring of employees’ Internet use, with 61% of employers reporting that they monitor Web surfing and 46% stating they keep tabs on e-mail. And some employers are going even further when it comes to trying to track down the identity […]