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Monthly Archives: February 2013
Focus on Wellness: For Our Workers, It’s a Critical Life or Death Issue
When I started this Blog, I wanted to post analysis and suggestions which were different or more practical than some of the Employment Law, Safety and Labor Articles out there. I did not want to simply repeat what others were already effectively … Continue reading
Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, Patient Protection and Affordable Care Act of 2010, wellness, workers comp
Tagged accomodating injured workers, ADA, controlling workers comp costs, do wellness plans reduce workplace injuries?, employee attitudes, employee safety, employer benefit plans, employer policies, generational differences, managing younger workers, obese workers experience more injuries, Patient Protection and Affordable Care Act of 2010
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OSHA Is Only the Appetizer
An OSHA Inspection and citations often create the smallest liability associated with a workplace death, serious injury or major accident, but the facts and citations arising from that process will influence subsequent civil and criminal actions. I spoke a number of … Continue reading
Posted in civil and criminal exposure, combustible dust, construction, government inspections, litigation, OSHA
Tagged can safety professionals get sued, civil and criminal exposure in OSHA cases, conspiracy, employee obstruction, employer and employee criminal exposure, employer exclusive remedy protections, false statements, individual employee liability
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Response to Another NLRB Social Media Question.
As is often the case, we received hordes of fact-specific questions about what policies are being challenged by the NLRB, and what language has been approved regarding professional behavior, use of social media, courtesy and privacy. I am tempted to … Continue reading
Fed-OSHA . . . Coming To A State Near You?
The OSHAct provides that a State may operate its own OSHA program so long as the program is “at least as effective as Fed-OSHA’s program.” As a result, there are 27 State-OSHA Plans. Some of the Plans are quite good. … Continue reading
Posted in construction, government inspections, OSHA
Tagged arizona osha dispute with osha about residential fall protection, CASPA, osha 2013 changes, osha and construction, OSHA FAME monitoring, osha take over of state osha plans, problems with differences in state osha plans, residential fall protection
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Attractive Women! Retaliation Claims! Social Media! Mixed Drinks! In a Wage-Hour Case?
Ok… I admit to sounding like a British tabloid writer. However, how often can one discuss a Fair Labor Standards Act (FLSA) case set in an upscale bar, involving allegations of retaliation and threatening social media posts? I suspect that wage-hour … Continue reading
Posted in discipline and discharge, EEOC, employer policies, government inspections, hospitality, social media, wage hour, whistleblower/retaliation, workplace violence
Tagged can a boss' threats constitute workplace violence?, employee safety, fast food restaurants, nlrb and social media, social media, threats on facebook
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Workplace Violence Complaints Against a Nevada Assembly Member Illustrates Trends
I suspect that Nevada residents wish that the saying “What happens In Vegas stays in Vegas” applied to the embarrassing saga occurring in their State Assembly. My reason for starting this Blog was to have a way to alert clients about trends … Continue reading
Posted in cultural changes, discipline and discharge, emergency response, generational differences, government inspections, harassment, hospitality, workplace violence
Tagged can a boss' threats constitute workplace violence?, osha workplace violance complaints against Nevada State Assembly member, retail and hospitality, workplace violence complaints against coworkers, workplace violence concerns in food service
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Cussing Out Your Employee May Get You Sued By… OSHA??
Hopefully you are aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 21 Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower group. If not, check out the News Room on OSHA’s … Continue reading
Posted in cultural changes, EEOC, generational differences, government inspections, management and leadership, NLRB, OSHA, whistleblower/retaliation, workplace violence
Tagged another risk for employers - cursing their boss, can a boss' threats constitute workplace violence?, cursing your employee may get you sued, workplace violence and the employer, workplace violence in construction, workplace violence in the marine setting
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Why Would Employees Tease About Nooses In 2013?
I was surprised and disappointed when I read about a punitive damages award against a north Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s … Continue reading
Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment, managing legal matters
Tagged discrimination and harassment in warehouse and distribution, idiot employees get employers sued, preventing racial harassment before it occurs, race claims about nooses, racial harassment, why would an employee call a coworker a coon in 2013?
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Protecting Employees During AND After Winter Storms
Our Portland, Maine office NEVER closes, so when I saw the internal announcement that even that stolid crew was fleeing the storm, I knew it was bad. I am traveling on business through Sunday and do not have the opportunity … Continue reading
More Safety-Driven Attacks on Retailers
Read the press on allegations that contractors for a major retailer locked employees in during cleaning and committed other safety violations. I have no idea as to the validity of the claims against the contractors. I do know that Target is a … Continue reading
Posted in concerted protected activity, employer policies, government inspections, hospitality, OSHA, union organizing, workers comp
Tagged concerted protected activity, fast food restaurants, osha liabilty for contractors, retail osha issues, retail workers, safety attacks on hotels and restaurants, safety claims against retailers
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Howard Mavity 