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Employment Law

OSHA issues new rules on investigating violence

12/13/2011
OSHA has issued its first written en­­force­­ment instructions regarding incidents of workplace violence. Officials will use the directive to decide whether allegations of workplace violence warrant an investigation.

The top 10 safety and health violations of 2011

12/12/2011
OSHA just released its list of the most frequently cited workplace safety and health violations for fiscal year 2011. Topping the list: fall protection in construction, scaffolding in construction, hazard communication, respiratory protection, lockout/tagout, electrical wiring methods, powered industry trucks, ladders in construction ,,,

When employees become competitors: How to prepare & respond

12/09/2011
While in your employ, an employee has an absolute duty to act in your best interests, and not to act in the interests of anyone else in a way that is contrary to yours. The “duty of loyalty” prohibits employees from taking certain competitive actions while still working for you. Here’s how to limit the damage from an employee-turned-competitor:

Jury waivers: Your new alternative to arbitration agreements?

12/07/2011
Over the past couple of decades, there has been much debate over whether arbitration agreements can successfully prevent employees from asserting discrimination and other employment-related claims in court. Arbitration is seen as a risk-limiting tactic because juries are removed from the equation. Lost in this debate, however, is a simpler and perhaps more reliable means of managing an employer’s risk: a jury waiver.

AT&T settles ADEA suit

12/07/2011

AT&T has settled a suit filed by former workers who took early retirement offers from the company and then asked to be rehired. AT&T claimed early retirement packages made the workers ineligible to return to work.

Doggedly stubborn law firm sued over access for service animal

12/07/2011
You would think that a personal-injury law firm would be sensitive to a client’s need for a service dog, but apparently attorneys at the firm of Larkin, Axelrod, Ingrassia & Tetenbaum are unfamiliar with Title III of the ADA.

Hope arbitration can halt EEOC action? It won’t

12/07/2011

Employers may hope they can keep out of the EEOC’s crosshairs by having employees sign arbitration agreements. It usually doesn’t work. The EEOC is free to pursue litigation, even if you end up arbitrating employee claims at the same time.

Sometimes, even harsh judges take pity on employers

12/07/2011
When a jury concluded that a supervisor got a subordinate fired for complaining about race discrimination, it zapped the employer with huge punitive damages in addition to back pay. However, it will only have to pay a fraction of that amount.

When employee complains about bias, take control ASAP to prevent retaliation

12/07/2011

When an employee complains about perceived discrimination, how you treat the worker can greatly affect the outcome if the case reaches court. The best approach: Handle the case professionally, at the HR function level.

Conscientious objector vs. his military employer

12/07/2011
A company whose business is maintaining and repairing U.S. Navy equipment has agreed to settle with an employee who said his religious convictions prevented him from working on “weapons of war.”