Safety

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    In response to an inquiry from a U.S. senator, the California attorney general (AG) released an opinion in February on the lawfulness of an employer's practice of videotaping its truck driving employees, allowing the videotapes to be inspected by a third party, and using the videotapes as grounds for imposing employee discipline and for training...
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    NLRB revives union election proposal. The National Labor Relations Board (NLRB) is revisiting a 2011 effort to change regulations governing union representation elections — changes the NLRB claims would streamline elections and prevent unnecessary litigation. Employer groups strongly opposed the changes when they were proposed in 2011,...
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    The ban-the-box movement has been gaining momentum across the country in recent years. Under ban-the-box laws, employers are generally prohibited from inquiring about arrest and conviction records on job applications. Instead, most laws require that such inquiries be delayed until a candidate is deemed qualified for the position being filled....
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    Q Our company is a staffing firm, and one of our clients had a policy requiring that temps take a drug test only if they're offered a full-time position. I was just informed that the client has decided to require that all temps take a drug test. I've been told that you have to give employees 60 days' notice when you change a drug-testing policy...
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    During its legislative hearing on January 14, 2014, the Senate Commerce Committee heard testimony on a number of workers' compensation-related bills supported by employees and claimants' attorneys. Senate Bill (SB) 204 would expand permanent impairment awards. Under the current statute, an injured employee is entitled to a single lump-sum...
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    Did Solvay Chemicals fire longtime employee Steven Smothers because of a first-time safety violation or because it was tired of his frequent absences due to an ongoing medical disability? The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Wyoming employers) recently ruled that Smothers provided sufficient evidence to suggest that...
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    Did Solvay Chemicals fire longtime employee Steven Smothers because of a first-time safety violation or because it was tired of his frequent absences due to an ongoing medical disability? The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado employers) recently ruled that Smothers provided sufficient evidence to suggest that...
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    Under the Americans with Disabilities Act (ADA) and the Iowa Civil Rights Act (ICRA), a qualified employee with a disability is entitled to a reasonable accommodation to enable him to perform the essential duties of his assigned job. However, if a duty isn't identified as essential in the employee's job description, can the employer rely on it to...
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    Businesses that serve the public depend on their employees to present a positive image to the world. Customer engagement can define a company, and the well-worn phrase "The customer is always right" sometimes signals an employer that makes snap judgments after receiving a customer complaint without hearing the employee's side of it. So kudos to...
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    The Hawaii Intermediate Court of Appeals recently ruled in favor of Hawaii employers in three separate cases. In each case, the appellate court concluded that the trial court correctly dismissed the lawsuit before trial because the claims against the employer had no merit. Applicant rejected because of criminal background In the first case, a...
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