Expert Compliance Insights & Tips for Businesses

January 18, 2012

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OSHA Orders Pilot Reinstated after Retaliation Termination for Reporting Mechanical Problems

The Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investig...

January 17, 2012

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Top 10 OSHA Willful, Repeat and Serious Violations of 2011

Willful violations, with fines of up to $70,000, occur when the Occupational Safety and Health Administration (OSHA) deems the accident to have been due to complete indifference to or disregard for OSHA safety standards. The agency just released its list of the Top 10 willful and repeat violations, which are: Excavation protective system, 84 violations Fall protection, 67 violations Process...

January 16, 2012

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Wal-Mart Case Illustrates Importance of Employee Handbook Detail and Accuracy

A court case involving Wal-Mart that dates back to 2006 but is still making its way through appeals underscores the importance of the language -- and promises -- made in employee handbooks. A Pennsylvania court awarded some 187,000 current and former Wal-Mart and Sam's Club employees in the state $187.6 million in back wages, liquidated damages and attorneys' fees because the Wal-Mart e...

January 16, 2012

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HHS Cites Trustmark for 'Unreasonable' Health Insurance Premium Increases

Health insurance premium increases in five states have been deemed “unreasonable” by the U.S. Department of Health and Human Services, HHS Secretary Kathleen Sebelius announced recently. After independent expert review, HHS determined that Trustmark Life Insurance Company has proposed unreasonable health insurance premium increases in five states—Alabama, Arizona, Pennsylvania...

January 13, 2012

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NLRB Rules Arbitration Clauses Violate 'Concerted Activity' Rights

In a recent ruling, the National Labor Relations Board (NLRB), fresh with recess appointees who are being legally challenged, held that arbitration clauses in employment agreements violate the National Labor Relations Act (NLRA) in preventing class-action lawsuits (as opposed to individual lawsuits). The decision examined one such agreement used by nationwide homebuilder D.R. Horton, under whic...

January 12, 2012

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EEOC Loses as SCOTUS Endorses Broad Ministerial Exception

The Supreme Court has ruled that the First Amendment shields religious organizations from federal anti-discrimination employment laws and also allows religious groups to define employees as ministers as they see fit. The ruling stems from a case being fought by the Equal Employment Opportunity Commission (EEOC) on behalf of a teacher who was fired from a religious school and who claimed it was ...

January 11, 2012

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EBSA Still Plans to Redefine 'Fiduciary'

The Employee Benefits Security Administration (EBSA) is still hoping to redefine what constitutes a fiduciary and also set limits (or eliminate) compensation for those in different fiduciary advisory capacities. The agency calls the redefinition of fiduciary under the Employee Retirement Income Security Act (ERISA) one of its "most important regulatory projects," which it hopes to con...

January 10, 2012

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DOL Issues Fact Sheets on Retaliation

The Department of Labor’s Wage and Hour Division (WHD) has issued three new fact sheets on unlawful retaliation under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Fact Sheet number 77A, Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitio...

January 9, 2012

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EEOC Begins Advertising in Local Media for Grievance Airing

In two recent cases, the Equal Employment Opportunity Commission (EEOC) has run paid advertisements in local newspapers to inform employees of ongoing investigations and asking them to come forth with their grievances. One such case is against the Texas Roadhouse, and the other is against Bass Pro Shops. In the latter case involving alleged employment discrimination, the EEOC is seeking people ...

January 7, 2012

45 view(s)

OSHA Fines Double for Serious Violations

Even though the Occupational Safety and Health Administration (OSHA) top dog thinks they're still too low, fines for serious violations by the agency in 2011 shot up to $2,132 from $1,053 a year earlier, thanks to a legislative tweak that reduced the number of penalty reductions available to employers for factors such as the number of workers, safety records and other considerations. Of the...

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EEOC Rescinds Permissible Affirmative Action Guidance

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