Articles
at a Glance
Welcome to
Council’s HR Watch for September 2004.
In this issue you will find valuable information on:
Breaking
News top
FLSA Compliance Online
Tool Now Available
The Department
of Labor’s Office of Compliance Assistance Policy last week launched
a new Web tool, the FLSA Overtime Security Advisor. The purpose of this
new interactive tool is to help employers and workers get comprehensive
and accurate information about the new rule on white-collar exemptions
from the FLSA, which took effect on August 23, 2004. Read
More.
Failure to Comply
with Conditions of FMLA Leave May Lead to Termination
The termination
of a research nurse for failing to comply with the conditions of her FMLA
leave was upheld. The nurse worked as a teacher while on leave and failed
to provide weekly updates of her progress in an alcoholism treatment program
as required by her employer. Read
more.
This article
is published in Council’s Personnel Law Update newsletter.
Click
here to subscribe or order a free trial.
Upcoming
Events in Your State
top
Below are
some of the seminars being held in your area! To find out more about upcoming
seminars in your area and for full agenda information go to www.counciloned.com.
Upcoming
Annual Industry Events top
California
Workers’ Comp Forum
October 27-29, 2004 – Huntington Beach
Break
Down the New Legislation - Discover Cost Containment Solutions
You can do
all of this and more at the California Workers' Comp Forum,
taking place October 27-29, 2004, in Huntington Beach! Join other workers’
comp and risk management professionals who are looking for strategies
to the skyrocketing costs and a practical look at how the new legislation
will impact your organization.
Senator
Poochigian Confirms Keynote Address
On April 19, 2004, Governor Schwarzenegger signed a landmark bill that
will dramatically reshape California workers’ compensation. Sen.
Chuck Poochigian was at the forefront of the push toward reform and authored
the new legislation, SB 899. Discover exactly how the overhauled system
will provide cost savings for employers and quality care for injured employees.
Sen. Poochigian will provide you with an in-depth look at the new legislation
and bring you up to date on the latest steps taken in the reform process.
Ensure you
have all the latest details on the most comprehensive California workers'
comp event of 2004! Click here
to receive more information as it becomes available.
Texas
Workers’ Comp Forum
September 22-24, 2004 – Dallas
Providing
Proven Strategies to Gain Control of Your Workers’ Comp Program
Are you looking
for strategies to reduce your medical costs? Wondering what will happen
to the Texas workers’ comp system in the future? The Texas
Workers' Comp Forum will deliver presentations on the most critical
issues you are facing each day. An incomparable lineup of risk managers,
workers’ comp professionals, attorneys and industry experts have
committed to spending two days with you uncovering workable solutions!
Receive practical
advice and tips from the experiences, accomplishments and perspectives
of Texas organizations that are facing the same challenges you are. Take
away practical skills that will inspire you to successfully tackle your
own workers' comp challenges. Click
here to find out more about this exciting event.
Complete
HR, National Forum & Exhibition
February 16-18, 2005 – Palm Springs
“I
brought a list of questions and things to learn and got answers to all
of them!”
Michelle King, FedEx Freight West Inc.
Complete
HR, featuring the 3rd annual HR & The Law Forum,
will provide you with the latest updates on employment law, benefits and
compensation and business strategy – all tailored for you and your
priorities as a busy HR professional! You will be able to choose sessions
from three comprehensive tracks: Benefits & Compensation, California
Employment Law and Federal Employment Law.
- Receive
California-specific and federal employment law updates and answers to
all your legal questions from the nation’s leading attorneys
- Obtain
practical advice on the latest strategies in benefits and compensation
- Discover
best practices and cost-cutting strategies to reduce your organization’s
health care spending
- Exchange
ideas with fellow HR and benefits professionals from both private and
public sector organizations
To
find out more details about this national forum click
here.
Employment
Law Update
top
Workplace Atmosphere that Undermines the Ability of an
Employee to Perform Job Functions May Support a Hostile Work Environment
Claim
The Second
Circuit Court of Appeals has determined that when examining claims of
gender-based hostile work environment, courts must not only examine whether
explicitly sexual remarks were made, but must also take into account whether
the workplace atmosphere created an “aura of inequality.”
Read More.
This article
is published in Council’s Public Sector Personnel Law Update
newsletter.
Click
here to subscribe or order a free trial.
CA Supreme
Court Holds Overtime Case Is Suitable for Class Treatment
A suit brought
against a California drug store chain that allegedly failed to pay overtime
to 1,400 managers due to misclassification will be maintained as a class
action. Read
More.
This article
is published in Council’s Preventing Employment Law Problems
in the California Workplace newsletter. Click
here to subscribe or order a free trial.
Summary
Judgment for Employer Upheld in Race Discrimination Case
The 5th Circuit
Court of Appeals affirmed summary judgment for the employer where the
employee alleged disparate treatment race discrimination. The court rejected
the employee’s claim that he was treated differently from similarly
situated employees, stating that the treatment of different employees
reflects the “uniqueness of each employee’s situation.”
Read
more.
This article
is published in Council’s Preventing Employment Law Problems
in the Texas Workplace newsletter. Click
here to subscribe or order a free trial.
On-Site
Training
 Is
your company ready to improve its team's performance and increase
ROI through effective training activities?
|
Subscribe
to Council's Employment Law Newsletters top
Wondering
how to protect yourself from employer liability for customer-initiated
sexual harassment or exposure to workplace smoke? Find out more about
these cases and others by requesting a FREE 3-month subscription
to one of Council’s newsletters. Each newsletter is specifically
tailored to provide you with “best practices” in today's highly
complex legal environment and help you avoid employment law problems in
your workplace. Click
here for your free trial.
HR
Tips From the Trenches top
Writing
Legally Defensible Offer Letters
In many states,
managers making statements such as “Keep your nose clean and you’ve
got a job for life” have unwittingly bound their employers to a
contractual relationship that means the employee can only be fired for
cause. Offer letters that promise long-term employment or a year’s
worth of employment have also resulted in legal claims against employers.
How can you ensure that your offer letters don’t promise more than
you want them to? Read
More.
This article
is published in Council’s Personnel/HR Assistant newsletter.
Click
here to subscribe or order a free trial.
Council's
Web Tip of the Month top
Successful
PostInjury Job Modification
Following
a work-related injury, an injured employee may have temporary or permanent
restrictions that limit the ability of the employee to return to the same
preinjury job or perform some of the preinjury job tasks. In such cases,
employers can reduce exposure for indemnity benefits and vocational rehabilitation
by placing the injured employee in a modified position. Here are some
tips to ensure a successful placement. Read
More
FEEDBACK
We hope you
enjoyed this month’s HR Watch. If you have any feedback
or suggestions please email hrwatchinquiry@counciloned.com.
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DISCLAIMER
The articles
contained in this publication have been abridged from laws, court decisions
and administrative rulings and should not be construed or relied upon
as legal advice. If you have questions concerning particular situations
or specific legal issues, please contact your labor attorney.
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US
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© 2004
Institute for International Research (I.I.R.) BV
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