Monthly Archives: March 2013

Everybody Agrees That We Need Better Wellness Programs? Correct?

My answer would be that “I’m not sure.”  An amazing number of employers agree that absent improved wellness initiatives, a graying less healthy workforce will break the corporate bank, so to speak.  Likewise, seemingly, we should all be able to … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, wellness, workers comp | Tagged , , , , , , , , , | Leave a comment

Do I Have To Treat Employees Like Kids? Uhh… Sometimes.

   I hope that this Post is of no surprise to anyone, but in my recent quest to review basic aspects of the wonderful world of OSHA, I realized that the question of “do I have to make employees wear … Continue reading

Posted in construction, discipline and discharge, employer policies, government inspections, OSHA | Tagged , , , , , , | Leave a comment

Why Isn’t The FLSA Minimum Wage $33 An Hour?

From one of our Fisher & Phillips wage-hour impresarios, John Thompson. Why Isn’t The FLSA Minimum Wage $33 An Hour? U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act’s $7.25-per-hour … Continue reading

Posted in wage hour, Washington | Tagged , , , , , | Leave a comment

More Negative Developments in State OSHA Plans.

While non-Californians understandably view the California legal system as more complicated and punitive, until recently, upper leadership and a lack of money made Cal-OSHA more reasonable than its written rules suggested.  However, Fed-OSHA has continued to push State OSHA Plans … Continue reading

Posted in Cal-OSHA, government inspections, OSHA, settlement strategies, state osha plans | Tagged , , , , | Leave a comment

OSHA Warning: Don’t Get Caught In a Trap!

It’s nice to see that more and more employers and their publications are raising the legal and practical concerns associated with reliance on “lagging indicators,” such as recordable injuries to manage and evaluate safety programs. Go to the Blog  of … Continue reading

Posted in discipline and discharge, employer benefit plans, employer policies, harassment, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

It Took 12 Years To Decide That’s Not Willful?!

  Let’s continue our discussion of employer “Willful” behavior.  OSHA can be inconsistent in its application of the classification, and it is often up to the employer to establish the distinction between “serious” and “willful” behavior during and after an OSHA … Continue reading

Posted in construction, government inspections, OSHA, willful | Tagged , , , , , , | Leave a comment

Is that a Willful Violation?

  Employers are uncertain about the difference between a “Willful” classification and a “serious” classification of an OSHA citation.  I confess that I sometimes struggle to understand the basis for a particular Area Office or Judge’s decision.  First, a basic definition … Continue reading

Posted in government inspections, OSHA, willful | Tagged , , | Leave a comment

The Next Big HR Trend? Maybe It Should Be More Employee Recognition….

I apologize for having been missing in action for the last few weeks, but I received the opportunity to take my family to a 400 year old house in Provence; followed by immediate trips to somewhat less glamorous places such … Continue reading

Posted in cultural changes, employer policies, hospitality, recruiting, wellness | Tagged , , , , , | Leave a comment

It’s Wise to Be Cautious: Risks of Unpaid Internships Are Still Increasing

I saw this post, It’s Wise to Be Cautious: Risks of Unpaid Internships Are Still Increasing,  by one of our wonderful wage-hour guys this morning on the always interesting TLNT site.  As Summer and the  “intern season” approaches, one would be well … Continue reading

Posted in cultural changes, hospitality, workers comp | Tagged , , | Leave a comment

How to Weigh Obesity In Employment Decisions

In September, one of my Memphis partners, Jeff Wientraub, wrote a good analysis of legal issues posed by obese workers in HR Professionals Magazine.  While most employers state that an employees weight does not influence their employment decisions, I am … Continue reading

Posted in ADA, aging workforce, cultural changes, generational differences, wellness, whistleblower/retaliation, workers comp | Tagged , , , , , , , , , | Leave a comment