Need another reason to review your safety programs for Occupational Safety and Health Act (OSHA) compliance? A recent Fifth Circuit ruling protects an employer from strict liability for "willful" violations, even though the employer's own supervisor violates company safety rules. OSHA "establishes a comprehensive regulatory scheme designed ‘to assure so far as possible . . . safe and healthful working conditions' for ‘every working man and woman in the Nation.'" Martin v. OSHRC, 499 U.S. … [Read more...] about Avoiding Strict Liability for OSHA Violations

July 26, the Equal Employment Opportunity Commission (EEOC) issued a new Q&A on the application of the Americans with Disabilities Act (ADA) to workers who have hearing impairments or are deaf. Topics addressed in the document include: • When a hearing loss is a disability under the ADA; • When an employer may ask an applicant or employee about a hearing impairment and what it should do if an applicant voluntarily discloses the impairment; • Voluntarily discloses the impairment; • What … [Read more...] about New EEOC Publication on Deafness and Hearing Impairments

On July 26, the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) announced a new initiative and best business practices to help employers ensure they are hiring a legal workforce through voluntary partnerships with the government. Called the ICE Mutual Agreement between Government and Employers (IMAGE), the program is designed to build cooperative relationships between government and businesses to reinforce hiring practices and reduce the unlawful employment of … [Read more...] about DHS Announces New Initiative on Immigration Law Compliance

Many teen workers are starting their first jobs. Congratulations! And they're probably more focused on how to spend their paychecks than on job safety issues. If you have teens working over the summer, you should check out the safety campaign posted online by the Occupational Safety and Health Administration (OSHA) this past April. OSHA's safety campaign was developed to help educate both teens and employers on workplace hazards and identify ways to ensure teen safety on-the-job. The Teen … [Read more...] about OSHA Teen Worker Safety Program

On April 24, the Department of Labor (DOL) published its semiannual regulatory agenda promising to issue revisions to the Family and Medical Leave Act (FMLA). The DOL set a deadline for June, 2006 for publishing the revisions. Of course, the DOL has already set and passed numerous dates for the proposed FMLA revisions. We will continue to monitor this issue. … [Read more...] about FMLA Amendments on the Table…Again.

The Centers for Medicare and Medicaid Services (CMS) reported that it was unable to verify in all but one case (from in-service training "sign-in sheets" and a master training list) that a randomly selected sample of CNAs in Texas had received the mandated performance reviews and in-service training. The CMS report, issued this past February, was based on its onsite review of Texas' Nurse Aide Training and Competency Evaluation Program (NATCEP). As a result, the Texas Department of Aging and … [Read more...] about CMS & DADS Instruct Facilities To Improve Documentation of CNA Training and Performance Reviews.

I recently received a call from a client who was concerned about an employee who showed up at a consumer's house as Stephanie after eight months as Steven. Actually, those are not the names used, and the concern was not with the employee as much as the consumer's possible reactions and confusion. So, how to respond? Was this employee protected under the anti-discrimination laws from any type of counseling or even termination? The Answer: Depends on where Steven/Stephanie lives. The United … [Read more...] about The Meaning of “Sex”

This past November, employers were required to notify Medicare-eligible employees, retirees and dependents about whether their current prescription drug coverage was "creditable" for purposes of Medicare Part D. Employers must now notify the Centers for Medicare & Medicaid Services (CMS), and CMS has published guidelines for doing so. To comply with the disclosure requirement, employers must fill out the form on the Creditable Coverage Disclosure to CMS Website at: … [Read more...] about Benefits – Have You Notified CMS About Employees’, Retirees’ and Dependents’ Creditable Prescription Drug Coverage?

The Fair Labor Standards Act (FLSA) requires employers to pay workers for all hours actually worked. So, mistakes in calculating break times can sometimes lead to wage errors resulting in penalties and fines assessed by the Department of Labor (DOL). What does the law say? It is illegal to dock hourly non-exempt employees for short breaks (typically between five and 20 minutes) and for any portion of their meal breaks that they actually worked. Example: An employer docked hourly employees … [Read more...] about FLSA – When Is Break Time Work Time?

A New Jersey Superior Court has held that an employer that fails to act on evidence of an employee's criminal online activities should be held accountable. Specifically, co-workers had complained about the employee's computer abuse, and the employee's supervisor had become suspicious that the employee was abusing his Internet use on the Company's computers. The company failed to take any action until later monitoring showed the employee was accessing numerous pornography sites, including child … [Read more...] about Court Tells Employer It Could Be Liable to Third Parties for Not Investigating and Halting Employee’s Online Porn Activities