IDAHO LEGISLATIVE REVIEW: IMPACT OF AMENDMENT TO I.C. §12-117 (ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES)

June 25, 2018 Author:  Jennifer Swajkoski I.C. §12-117 During the last legislative session, the Idaho Legislature adopted amendments to I.C. §12-117, which deals with attorney’s fees in administrative proceedings – including administrative judicial proceedings.  The amendments can be found in Senate Bill No. 1316 and will go into effect on July 1, 2018. AMENDMENTS The... View Post

EEOC ISSUES NEW ENFORCEMENT GUIDANCE ON NATIONAL ORIGIN DISCRIMINATION

December 13, 2016 Author:  Bobbi K. Dominick On November 21, 2016, the EEOC issued a new Enforcement Guidance covering national origin discrimination.  The last time the EEOC issued something on national origin discrimination was in 2002, and this guidance includes some important issues and significant legal developments that have occurred since then.  Employers would be... View Post

OSHA PUBLISHES FINAL RULE ESTABLISHING WHISTLEBLOWER PROTECTIONS UNDER THE AFFORDABLE CARE ACT

October 27, 2016 Author:  Jennifer L. Swajkoski On October 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule regarding employer whistleblower protections under §1558 of the Affordable Care Act (ACA) establishing procedures and time frames for handling retaliation complaints under the ACA. The ACA was enacted in an attempt to help... View Post

ADDITIONAL TIPS ON HARASSMENT PREVENTION TRAINING

October 24, 2016 Author:  Bobbi K. Dominick There have been several studies analyzing different training methods for harassment prevention.  We do not know the whole picture of what works and what doesn’t because there are so many variables.  What do we know?  We know from the research that training can change attitudes.  (Antecol, H. &... View Post

EMPLOYERS BEWARE: THE ARBITRATION AGREEMENT IN YOUR EMPLOYMENT CONTRACT MAY VIOLATE §7 AND §8 OF THE NATIONAL LABOR RELATIONS ACT

September 19, 2016 Author:  Jennifer L. Swajkoski In Morris v. Ernst & Young, a panel for the Ninth Circuit recently entered into a circuit split when it sided with the 7th Circuit and National Labor Relations Board (NLRB) in affirming the NLRB’s determination that “Concerted Action Waivers” required by employers as a condition of employment,... View Post

SHOULD YOU BE CONCERNED ABOUT CYBERBULLYING AMONGST EMPLOYEES?

September 2, 2016 Author:  Bobbi K. Dominick This spring, a female firefighter in Fairfax County, Virginia committed suicide.  This would be a tragic case in any event, but it provides a cautionary tale for employers.  Allegations surfaced that the intense cyberbullying was perpetrated by fellow employees.  Online community forum members who claimed to be Fire... View Post

CRIMINAL BACKGROUND CHECKS: SCREEN YOUR POLICY FIRST, THEN YOUR EMPLOYEES

July 18, 2016 Author:  James B. Smith Workplace safety, trust, and productivity begin with proper hiring, where criminal background screening often plays an essential role.  Indeed, many employers have been sued for “negligent hiring” for failure to screen applicants based on criminal history.  While screening policies serve a good purpose, employers must craft their policy... View Post