Month: November 2013

‘Unreasonable’ Accommodation Request Foils Nurse’s ADA Claims

A nurse’s inability to perform essential job functions, either with or without reasonable accommodations, prevented her disability discrimination claim from advancing to a jury trial and warranted summary judgment by the U.S. District Court for the District of Minnesota in Attiogbe-Tay v. SE Rolling Hills LLC, No. 12-1109 (D. Minn. Nov. 7, 2013). Comfort Attiogbe-Tay, […]

As GHS Is Implemented, Train Your Workers on Hazardous Chemical Basics

Let’s review some overall basics from yesterday’s Advisor: Who needs to be trained? OSHA’s Hazard Communication (HCS or HazCom) standard requires you to train employees to work safely with the hazardous chemicals in their work area when they are initially assigned to that area and whenever a new hazard is introduced. Why train workers in […]

Giants Batting Average on Wage and Hour? 545 (Thousand)

In yesterday’s Advisor we learned important lessons from Bank of America’s $2 million back pay lawsuit. Today, more suits plus an introduction to the “50×50,” the unique guide that helps employers avoid lawsuits state by state by state. The San Francisco Giants baseball team paid $544,715 in back wages and liquidated damages to 74 employees […]

What’s the Real Cost of EE Healthcare? (Hint: More than You Think)

How Big Is the Number? Most HR managers underestimate the full costs of employee health (or lack thereof), says Ahlrichs. He refers to a study involving auto manufacturers and 171,250 employees. The study recorded basic medical costs for the measured period—the metric most wellness plans look at—at $509 million. But add pharmacy and the number […]

If you don’t have anything nice to say . . .

by Dan Oswald “Better to remain silent and be thought a fool than to speak out and remove all doubt.” —Abraham Lincoln As a child, whenever my mouth started running in the wrong direction, my mother would say, “If you don’t have anything nice to say about someone, don’t say anything at all.” It’s not […]

Do Your Employees Know What a Hazardous Chemical Is?

Do your employees realize that not all hazardous chemicals are liquids or vapors, or that some otherwise harmless chemicals like nitrogen can become very hazardous indeed under certain conditions? Make sure your workers grasp the full range of possibilities that the term “hazardous chemicals” encompasses. Background on chemical safety Who needs to be trained? OSHA’s […]

DOL’s ‘Major Victory’—BOA Will Pay $2.2 Million for Race Discrimination

Bank of America Corp. (BOA) will pay 1,147 African-American job applicants $2,181,593 in back wages and interest for race-based hiring discrimination, says the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), declaring “a major victory.” Here are some details about the BOA case and other backpay/discrimination lawsuits that sound a warning […]

Why Wellness Fails, Why One Program Really Works

First, says Ahlrichs, a consultant and business developer with Gregory & Appel in Indianapolis, Indiana, here’s just one example of why wellness is failing: Getting more serious, Ahlrichs describes a wellness program that’s really working well. Case Study—A New Approach to Wellness Here was Ahlrichs’ client’s situation: County government 3,500 employees Mix of white and […]

$86 Million? Your Settlement Probably Won’t Be That High. Probably.

Your settlement costs probably won’t be that high. But the bottom line? You ignore basic wage and hour issues at your peril. You are likely to get sued if you don’t pay careful attention. And these mistakes tend to affect not just one employee, but whole groups of them—which quickly multiplies your liability in the […]