HR Articles
February 21, 2010
Nancy Stampahar With the abundance of choices in today's environment, providing exceptional customer service is a must if an organization wants to gain the competitive advantage and increase sales or if a person wants to maintain their job and healthy relationships with co-workers, significant others, families and friends. Every organization needs increased sales and loyal customers. Full Story
February 12, 2010
Andrew Galeziowski - Ogletree, Deakins, Nash, Smoak, & Stewart, P.C. E-Verify, the Internet-based system operated by United States Citizenship
and Immigration Services (USCIS) that allows employers to verify the
employment eligibility of employees, remains voluntary at the federal
level with the exception of certain federal contractors. However, certain
states have acted to require some or all employers to use the system. Full Story
February 12, 2010
Clifford Schoner - Ballard Spahr Andrews & Ingersoll, LLP Employers may need to act as a result of regulations implementing expanded
health parity requirements for group health plans. The interim final
rules, published in yesterday’s Federal Register, require
the integration and coordination of the medical, surgical, mental health,
and substance use disorder benefits in such plans.The expanded
requirements were imposed by the Paul Wellstone and Pete Domenici Mental
Health Parity and Addiction Equity Act of 2008 (MHPAEA), signed into law
in October 2008. They are generally applicable for plan years beginning
after July 1, 2010 (January 1, 2011, for a calendar year plan). Full Story
February 12, 2010
Roger Kaplan and Kathryn Russo - Jackson Lewis LLP An applicant who was not hired after testing positive for drugs used to
control his epilepsy was permitted to proceed with his lawsuit asserting
claims under the Americans with Disabilities Act because there were
factual issues whether the employer made an improper medical inquiry and
denied employment on that basis. Harrison v. Benchmark Elecs.
Huntsville Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan.
11, 2010). Full Story
February 12, 2010
LeAnn Mynatt - Baker Donelson On January 29, 2010, OSHA published a proposed rule to revise its 300 Log
of Work-Related Injuries and Illnesses. The proposed revision would
restore a column dedicated to tracking musculoskeletal disorders (MSDs).
OSHA announced that it will hold a public meeting on the proposal on March
9, 2010. If finalized, the new regulation would take effect beginning
January 1, 2011. What remains unknown at this point is what OSHA will do
with the new data, and whether it would – or could or should –
promulgate a new ergonomics standard. Full Story
January 25, 2010
Christie Hayes - Baker Donelson Employee gossip about supervisors is as ancient as chatter around the watercooler. But the dynamics of workplace gossip have gone through massivechanges since online social networking sites like MySpace and Facebookfound their way into the lives of employees with a notion to complain. Inthe case of Pietrylo v. Hillstone Restaurant Group, a federaljury in the United States District Court for the District of New Jerseysent a stern message to employers regarding social networking and itseffect on the workplace. On June 16, 2009, the Pietrylo jury issued averdict against Hillstone Restaurant Group, the operator of a Houston'srestaurant in Hackensack, New Jersey. Full Story
January 25, 2010
Mark Wiletsky - Holland & Hart LLP Many organizations believe they have the right to monitor employees'activities on their computers and the Internet, including the sites theyvisit and the content of e-mails they send or receive. Such a belief isunderstandable: the equipment is provided for business purposes, andorganizations can be held responsible if an employee misuses thoseresources. Therefore, organizations ought to have the right to checkup on employees and make sure their resources are being used appropriately. Full Story
January 25, 2010
Joseph Lazzarotti, Bruce Schwartz and Raymond Turner - Jackson Lewis LLP Until now, no mandate or procedure has existed for employers to self-reportexcise taxes due under the Internal Revenue Code for violations of theduties imposed by COBRA, HIPAA and other laws relating to group healthplans. The IRS has seldom assessed these excise taxes on audit. Full Story