Tag Archives: accomodating injured workers

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

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 , , , , , , , , | 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 , , , , , , , , , , , | Leave a comment

Worst Case Scenario – National Claims and a Painful Ergonomic Settlement

This is a sobering Blog.  There are legitimate workplace safety concerns involving ergonomic issues in many industries, but how would you like to be on the receiving end of the attacks described below?  Let’ discuss the most recent development in … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, employer policies, government inspections, hospitality, incentive plans, OSHA, retail, social media, union organizing, unions, wellness, workers comp | Tagged , , , , , , , , , , , , , , , | 1 Comment

OSHA WILL Go After You If They Don’t Like Your Policies On Discipline For Not reporting Injuries

OSHA Region V recently gave a presentation on their focus on retaliation cases, including an intense scrutiny of rules and discipline related to failure to timely report workplace injuries. These comments reflect the OSHA National emphasis  I keep harping about … Continue reading

Posted in aging workforce, discipline and discharge, employer policies, government inspections, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , , , , , | Leave a comment

Employers Should Take the EEOC More Seriously In 2013

Some executives and managers consider EEOC charges to be a cost of doing business.   Based on past experience, they do not treat Discrimination Charges with the same concern as other legal matters.  The EEOC’s current focus on Systemic Discrimination and the … Continue reading

Posted in aging workforce, cultural changes, EEOC, employer policies, food processing, generational differences, government contracting, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Free Webinar Making Predictions About Federal Agencies in 2013

While there remains some lingering uncertainty, the recent elections did lend some clarity to an evolving regulatory landscape. Now that the dust has settled, what can we expect from a second term for the current Administration? And with additional gridlock … Continue reading

Posted in aging workforce, concerted protected activity, construction, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, harassment, hospitality, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media, Uncategorized, unions | Tagged , , , , , , , , , , | Leave a comment