Author: Jennifer Carsen

Electronic Communications: Why Employer’s Unauthorized Monitoring Of An Employee’s Private Web Site Spelled Trouble

Current and former employees are increasingly bad-mouthing their companies by posting negative and possibly defamatory comments about their employers on the Internet. And some employers have gone to great lengths to find out who is responsible. With layoffs on the upswing, employer-bashing is likely to grow as the number of disgruntled workers increases. Now a […]

Noncompete Agreements: You Can Now Be Sued For Firing A Worker Who Refuses To Sign A Noncompete Agreement

Agreements that prohibit an employee from competing with you after leaving your employment are usually illegal. That’s because contracts that prevent someone from engaging in a lawful occupation are against public policy and are void in California. Now a California Court of Appeal has ruled that you can be sued for making it a condition […]

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 […]