-
-
Recent Posts
- SITE BEING RESTARTED- NOT LEGAL ADVICE – ARTICLES ARE FOR LEGACY/HISTORICAL PURPOSES GOING BACK 14+ YEARS.
- Our Take on Coronavirus: Be Proactive and Don’t Panic.
- Well Read Warriors. The US Marine Corps’ Recommended Reading List for All Levels.
- Safety and HR Lessons from Movies – First Man.
- Workplace Lessons from Movies: “Untouchable”
Categories
- acqusition and mergers
- ADA
- aging workforce
- attitude/culture
- auto industry
- background checks/examinations
- beer, bourbon, scotch and wine
- books and articles
- boycotts
- Cal-OSHA
- civil and criminal exposure
- class actions/systemic investigation
- combustible dust
- concerted protected activity
- consensus standards
- construction
- Courts
- cultural changes
- discipline and discharge
- discrimination
- drugs
- EEOC
- emergency response
- Employee Assistance Plans and Counselling
- employee engagement
- employer benefit plans
- employer policies
- FMLA
- food processing
- general duty 5(a) citations
- generational differences
- government contracting
- government inspections
- harassment
- hazard assessment
- hazardous substances/chemicals
- hospitality
- incentive plans
- infectious disease
- internal investigations
- litigation
- maintnance and engineering
- management and leadership
- managing legal matters
- manufacturing
- MOC
- movies
- MSHA
- NLRB
- Nominees
- OSHA
- Patient Protection and Affordable Care Act of 2010
- performance improvement
- performance management
- plant openings and closures
- plastics
- podcasts/thought leaders
- PPE
- privacy
- public attacks
- recordkeeping
- recruiting
- reducing injuries
- repeat items
- restaurants
- retail
- safety programs
- safety technology and apps
- settlement strategies
- social media
- state osha plans
- supervisor development
- sustainability
- training
- Uncategorized
- union organizing
- unions
- vehicles/dot
- wage hour
- Washington
- wellness
- whistleblower/retaliation
- willful
- workers comp
- Workplace Fatalities
- workplace violence
Archives
- July 2026
- January 2020
- September 2019
- February 2019
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- August 2017
- July 2017
- January 2017
- December 2016
- April 2016
- March 2015
- September 2014
- August 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
Category Archives: EEOC
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 ADA, controlling workers comp costs, EEOC, eeoc objections to wellness programs, employer benefit plans, employer policies, how to incentivize wellness, obesity in the workplace, surveys of employee wellness efforts, wellness programs and the ADA
Leave a comment
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
Leave a comment
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
Leave a comment
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
Leave a comment
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
Leave a comment
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?
1 Comment
Victories Like These Put Employers Out Of Business
Definition of a Pyrrhic Victory: “a victory at such a great cost that another such victory will lead to defeat.” Lawyers are justly proud when they win a difficult discrimination or harassment case. However, after a couple of hundred thousand … Continue reading
Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment
Tagged harassment, harassment in construction, hostile work environment in blue collar settings, just sue me, professionalism in construction workplaces, same sex harassment, stupid employee behavior, things idiot employees say
Leave a comment
Wash Your $!&# Hands! Employers and the Flu
The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness
Tagged ADA, ada and flu vaccine, concerted protected activity, controlling workers comp costs, discrimination claims, EEOC, employee safety, employer benefit plans, employer flu policies, employer policies, fast food restaurants, infectious disease, managing younger workers, mandatory flu vaccines, nlrb and flu vaccine, nlrb and social media, religious discrimination claims and vaccination, requiring flu vaccines
Leave a comment
The Care and Feeding Of Counsel
My Las Vegas partner, Mark Ricciardi, recently posted the Fourth Part of his Blog on “Ten Reasons to Find a New Labor Employment Attorney.” I respect Mark’s opinions because he maintains some of our most enthusiastic clients. Over the next … Continue reading
Posted in acqusition and mergers, combustible dust, concerted protected activity, construction, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, government contracting, government inspections, harassment, hospitality, litigation, managing legal matters, manufacturing, NLRB, OSHA, plant openings and closures, plastics, retail, social media, union organizing, unions, wage hour, workplace violence
Tagged concerted protected activity, CRIMINAL BACKGROUND CHECKS, effective lawyers, employer policies, employment attorney, fast food restaurants, management labor attorney, managing lawyers, nlrb and social media, osha combustible dust requirements, OSHA Inspections, reducing legal fees, retail workers, union organizing, wage hour
Leave a comment
Howard Mavity 