Employment Law

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Presumably, Kamps Pallets heard from OSHA via nonverbal means. The company’s plant in Versailles faces fines for 10 OSHA violations after inspectors discovered conditions so noisy that workers’ hearing was endangered.

Q. We are considering holding, off-site at a park, a “Company Olympics” event featuring sports such as softball and tennis. If an employee were to be injured while participating, would that be considered a workers’ compensation-covered injury? Would it matter if participation was voluntary?

Q. A couple of weeks ago, an employee came into work smelling like alcohol. His supervisor later reported that day that the employee “acted drunk” in a staff meeting. Yesterday, one of the same employee’s co-workers indicated that the employee came back from lunch “smelling like marijuana.” Can these reports justify requiring the employee to undergo a drug or alcohol test?

Some employers favor arbitration agreements as a way to cut down on expensive and time-consuming litigation and avoid rogue juries that often sympathize more with workers than big, bad employers. But the reality is that arbitration agreements often cause more litigation, not less.

Q. How many hours must employees work to be considered full time? Part time?
Benedictine Health Services at Innsbruck has agreed to settle a disability suit lodged by the EEOC. Two former employees initially complained that Benedictine required them to be free of medical restrictions before they could return to work from medical leave unless the restrictions were due to an on-the-job injury.
Ernest Milewski, the Wilkes-Barre union official who earlier this year pleaded guilty to embezzling union funds and the assets of a health care benefit program, used his sentencing hearing to come clean on the reason why he stole the money—to pay for an out-of-control gambling habit.
Patricia Smith, the former comptroller for the Baierl Acura dealership in Wexford, lived lavishly for 6½ years. Now Smith is trading in haute couture for prison coveralls after pleading guilty to embezzling more than $10 million from her employer between late 2004 and July 2011.

Employers and employees are supposed to engage in the interactive accommodations process once an employee indicates she may be disabled. If she doesn’t cooperate, document it. You can use that later to show she’s to blame for not receiving an accommodation.

There’s no collecting attorneys’ fees from the EEOC in mid-litigation. A court said that it must wait until a case ends.
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