OSHA is proposing to revise its Occupational Injury and Illness Recording and Reporting (recordkeeping) regulation by restoring a column on the OSHA Form 300 to better identify work-related musculoskeletal disorders (MSDs).
The Department of Labor has created model notices to help plans and individuals comply with the COBRA subsidy extension requirements. Each model notice is designed for a particular group of qualified beneficiaries and contains information to help satisfy ARRA's notice provisions, including those added by the 2010 DOD Act.
The EEOC reports that it collected $376 million for victims of discrimination in fiscal year (FY) 2009. The most frequently filed charges were charges alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%).
On December 19, President Obama signed legislation extending the eligibility period for the COBRA premium reduction through February 28, 2010 - an additional two months - and the maximum period for receiving the subsidy for an additional six months.
Howard M. Kastrinsky, Esq. and Angelita E. Fisher, Esq., King & Ballow
Loparex purchased a small manufacturing plant. After assuming operations and the existing workforce, Loparex made several changes in its employment policies. In response, a small group of employees sought to organize a union at the plant. But the restrictions Loparex placed on organizing efforts violated the NLRA.
In December 2009, the Seventh Circuit Court of Appeals decided two religion-based employment cases. The first case addressed the establishment of religion by a public sector workplace, while the second addressed purported discrimination by an employer based on the religious beliefs of two employees.
Lawrence Peikes and Bryan Watson, Wiggin and Dana LLP
A court has held that a rarely required job function may be deemed essential if the potential consequences of employing an individual who is unable to perform the function are sufficiently severe. The ruling clarifies the circumstances under which job requirements may be deemed essential.
Susan Fahey Desmond, Watkins Ludlam Winter & Stennis, P.A.
Many employers have affirmative action programs. If the law requires an employer to have and follow an affirmative action program, can it be evidence of discrimination? The Eighth Circuit recently found that a plaintiff can use an employer's affirmative action program as evidence that the employer failed to promote her due to her race.
Kristine E. Kwong, Hinshaw & Culbertson LLP
The Ninth Circuit Court of Appeals has held that an employee did not violate the Computer Fraud and Abuse Act when he transferred documents from his employer's computer to his personal email account.
Successful recruiting requires a staffing plan. Like other business planning, it requires you to look internally and externally to forecast your future staffing needs and to predict the availability of qualified candidates in the marketplace when and where you need them.
