Employee Health

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    The enactment of the Affordable Care Act (ACA) in 2010 began an extended period during which far-reaching changes to the American healthcare system started taking effect. The provisions of the ACA go into effect over several years. Immediate Reforms The ACA included several provisions that immediately affected employers by subjecting health...

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    The 6th Circuit recently held that even an employment action initially requested by an employee can constitute an "adverse employment action" if the employee could demonstrate an "objective intolerability" with regard to some aspect of the terms and conditions of the job. Facts Robert DeLeon worked as an area superintendent for the Kalamazoo...
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    Q Our company allows 30 minutes for lunch. Can we enforce the 30-minute policy for salaried employees or just hourly employees? A Nothing in the Fair Labor Standards Act (FLSA) or Idaho law requires employers to allow workers to take breaks (unless they're nursing mothers). So any policies regarding break times are generally an agreement...
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    Legislators have returned to Montpelier. One bill employers may want to watch closely this session relates to the provision of paid family leave. Particulars of the proposal House Bill 652 was introduced on January 21, 2014, and has been referred to the House Committee on General, Housing and Military Affairs. The bill proposes establishing a...
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    Much like second-guessing the coaching decisions during the Iron Bowl, it's easy to armchair quarterback employment decisions. A little more compassion and flexibility might have prevented an employment lawsuit; conversely, too much delay and debate caused you to lose your best opportunity to terminate someone. Make the decision too quickly, and...
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    In theory, the Family and Medical Leave Act (FMLA) is a law that recognizes an employee’s need for unforeseen leave while minimizing the costs and efforts of the employer. It sounds simple enough to say that an employee can receive up to 12 weeks (or, up to 26 weeks where applicable) of unpaid leave a year for certain reasons and can then...

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    Under the Occupational Safety and Health Administration's (OSHA) Standard 1910.1020, employers must preserve medical and exposure records pertaining to employees. Medical records must be kept for the duration of the worker's employment plus 30 years, and exposure records must be kept for 30 years. Access to such records must be granted to the...
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    The Hawaii Department of Labor and Industrial Relations (DLIR) issued a press release in December announcing it had issued citations to Hale Mahaolu for exposing workers and the public to asbestos. According to the DLIR, the health violations were related to work involving asbestos-containing material (ACM) in the Lahaina Surf Complex between...
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    The Supreme Court of Ohio recently held that an employee's decision to stop working was a voluntary abandonment of his employment because his smoking-related symptoms, not the conditions covered in his workers' compensation claim, caused him to stop working. Facts Arthur Grashel, who was employed by Kelsey Hayes Co. as a machinist, filed a...
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    A federal court in Kentucky recently concluded that an employer didn't impermissibly regard a job applicant as disabled under the Americans with Disabilities Act (ADA) when it relied on a medical provider's erroneous report that he was unable to perform the essential functions of the job. Facts Colin McDonald applied for a maintenance...
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