http://www.elinfonet.com/fedindex/12 Human resource articles discussing topics covering employee relations and other workplace issues. Thu, 21 Aug 2008 06:08:52 EST en-us http://www.elinfonet.com/newscount.php?popID=7208 Article: 7208 Tue, 19 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Independent contractors are a growing segment of the retail workforce. Lower costs, reduced liability, and hiring fl exibility are just a few reasons that retailers fi nd hiring independent contractors to be so attractive. While these benefi ts are alluring, retailers need to be aware of the risks involved when engaging independent contractors. http://www.elinfonet.com/newscount.php?popID=7206 Article: 7206 Tue, 19 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Companies have developed new ways to create, store, access, use and LOSE data. Indeed, since January 2005, the Privacy Rights Clearinghouse has reported that more than 1,000 data breaches have occurred, involving more than 220 million records. In reality, the number of actual data breaches is much higher, given that not all incidents are reported. Notably, however, in just the fi rst quarter of 2008, 167 data breaches have been reported, involving 8.3 MM fi nancial and consumer records. A data breach or loss can occur in a variety of ways: http://www.elinfonet.com/newscount.php?popID=7205 Article: 7205 Mon, 18 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Federal law favors arbitration of disputes. While the U.S. Supreme Court has held that statutory claims - including employment-related issues – generally are subject to arbitration, it has not specifically addressed the arbitrability of claims under the Uniformed Services Employment and Re-employment Act (USERRA). Until recently, in fact, only one federal appellate court had addressed that issue, and had determined that claims related to the USERRA are subject to arbitration, if arbitration is required under a written agreement. Garrett v. Circuit City Stores, Inc., 449 F.3d 672 (5th Cir. 2006). Recently, the 6th U.S. Circuit Court of Appeals reached the same conclusion, finding that an optometrist who was called to military duty was required to arbitrate his claims related to demotion and earnings. http://www.elinfonet.com/newscount.php?popID=7196 Article: 7196 Tue, 12 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On August 25, 2008, certain newly-created U.S. Department of Transportation (“DOT”) drug and alcohol testing regulations will become effective. The new regulations amend or create new sections to 49 C.F.R. Part 40, and contain new or revised guidance on issues related to adulterated, substituted, diluted, and invalid urine specimens. While most of the new regulations address responsibilities of medical review officers, collectors and laboratories, employers in all DOT-regulated industries should be aware of the following requirements: http://www.elinfonet.com/newscount.php?popID=7195 Article: 7195 Mon, 11 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Next time you travel outside the United States, don't be surprised when U.S. Customs and Border Protection agents give your laptop a closer look than ever before. According to a policy announced on July 16, 2008, Customs agents have authority to conduct searches at the border of information contained in documents and electronic devices such as laptops and flash drives, even without any suspicion of wrongdoing or unlawful activity. There is no distinction between foreigners and Americans. The new policy allows Customs to search, copy, retain, and share information from computers, disks, hard drives, electronic or digital storage devices, as well as documents, books, pamphlets, and other printed materials. Officers may detain documents and electronic devices for as long as they deem necessary and reasonable to perform a thorough search, either on or off site. Customs may share the documents or electronic devices with other federal agencies or entities for translation, decryption, or subject matter assistance, without notice. http://www.elinfonet.com/newscount.php?popID=7189 Article: 7189 Thu, 07 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) More than eight million regulated workers in the transportation and pipeline industries will face more stringent drug testing collection procedures when new federal transportation regulations go into effect August 25, 2008. The new rules, which are included in and modify 49 C.F.R. Part 40, address "specimen validity" and seek to deal with what appear to be widespread efforts by workers to "beat" drug tests. http://www.elinfonet.com/newscount.php?popID=7171 Article: 7171 Tue, 05 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In a culture of empowerment, where so many employers strive for a leaner, flatter management hierarchy, supervisors are increasingly called upon to make risky, potentially costly personnel decisions. This is an especially dicey responsibility during tough economic times, when disgruntled former employees are having a more difficult time finding work. Unless they have enough training to know when and how to seek assistance, these supervisors are flirting with disaster. http://www.elinfonet.com/newscount.php?popID=7167 Article: 7167 Mon, 04 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) An estimated 80 million members of Generation Y have joined the American workforce. These youngsters, born after 1980, present new challenges for employers. One of these is the Gen Y mindset that they are one-person enterprises entitled to sell their work experience, and the proprietary information they can gather, to the next highest bidder. Another is their willingness to change jobs often and with little notice. http://www.elinfonet.com/newscount.php?popID=7166 Article: 7166 Mon, 04 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Two recent district court decisions highlight the fact that administrators issuing unclear or incomplete claim denial letters do so at their own peril. In both Tinker v. Versata, Inc. Group Disability Income Insurance Plan, No. 2:06-CV-02906 (E.D. Cal. July 13, 2008) and O'Connell v. Northland Lutheran Retirement Community Employee Benefit Plan, No. 07-C-637 (E.D. Wis. July 15, 2008), judges imposed significant penalties on plans for failing to live up to ERISA’s standards in their explanations of claim denials. http://www.elinfonet.com/newscount.php?popID=7161 Article: 7161 Thu, 31 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In a ruling issued on July 10, 2008, the Court of Justice of the European Communities, the court charged with ensuring uniform application of EU legislation among member states, ruled that an employer's statements regarding recruitment of immigrants constituted discrimination, even without evidence that any immigrants were denied employment. This decision expands EU anti-discrimination law further than United States court rulings. In today's global environment, this case has far-reaching implications for employers, as even well-intended statements may now constitute discrimination in and of themselves, at least in the EU.