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OFCCP toughens rules on compensation audits

by David S. Fortney and Judith E. Kramer Effective February 28, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is changing its approach to compliance audits and enforcement proceedings related to how contractors pay their workers. The changes effectively open nearly every federal contractor’s actions, policies, and practices on compensation to […]

New Index Measures Unretirement

The changing attitudes and expectations of American workers regarding retirement have been measured in Sun Life Financial Inc.’s first “Unretirement Index.” Unretirement is defined as working at least 20 hours per week after reaching the age when one is eligible to receive full social security benefits. The Unretirement Index measures consumer opinions toward five factors […]

Review Applicants’ Criminal History Cautiously

By Kara E. Shea Employers are understandably hesitant to hire an applicant with a criminal history. There are good reasons to exercise caution ― employers face considerable exposure for workplace violence committed by employees. The U.S. Department of Labor‘s Occupational Safety and Health Administration regularly cites employers that have failed to enact adequate safeguards against […]

NLRB Settles Facebook Case

Late last year, the National Labor Relations Board (NLRB) came after a Connecticut employer, claiming that it had illegally fired an employee over comments she made about her supervisor on Facebook.

News Notes: Employers Not Liable For Union’s Inadequate Notice

Nonunion public school teachers are required to pay “fair share” union fees in return for benefits they receive from collective bargaining. In return, the union must give these teachers a written explanation concerning the basis for the fee. Eight nonunion teachers who did not receive an adequate fee notice sued school district superintendents, claiming that […]

E-Verify Requirement for Contractors Delayed

The federal government has decided to delay implementation of a rule that requires federal contractors to use E-Verify to verify their employees’ eligibility to work in the United States. The rule was scheduled to take effect January 15; implementation has now been delayed until February 20. We’ll keep you posted.

News Notes: Independent Contractor’s Employee Can Sue If You Provide Unsafe Equipment

According to a recent California Court of Appeal decision involving Wal-Mart, you can be sued by an independent contractor’s employee if you supply equipment that’s involved in an accident injuring the worker. Wal-Mart had hired Musi-Cal to install a sound system in the retailer’s Chino, Calif., store. The work involved placing speakers and running wires […]

News Notes: Big Disability Verdict Over Physical Agility Test

A San Bernardino jury’s $1.45 million verdict for a disabled employee underscores the importance of making sure that physical agility tests actually measure the ability to perform essential job functions. Judy Tousignant was a part-time juvenile hall counselor for San Bernardino County for eight years. In a physical agility test required for promotion to a […]