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Author Archives: mavity2012
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
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
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 accomodating injured workers, ADA, controlling workers comp costs, discrimination claims, employer policies, how to manage and assist employees with weight issues, is obesity a disability under the ADA?, is obesity protected?, obesity in the workplace, Return to Duty
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You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions
Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim. A locomotive machinist was sent for examination and not allowed to return to work after being diagnosed with … Continue reading
Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation
Tagged accomodating injured workers, ADA, COURT FINDS THAT EMPLOYEE COULDN'T PERFORM ESSENTIAL FUNCTIONS, discrimination claims, EEOC, employee safety, how to prove that an employee could not perform the essential functions of the job, Return to Duty, road map to defending ADA claims
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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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