In Idaho, most employers, whether the employer is private or public, are subject to worker’s compensation requirements for most employees. Generally, worker’s compensation insurance provides coverage to workers who are injured on the job. However, with summer time approaching and the hiring of summer interns, an employer may wonder if the intern is a “causal...
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In addition to the myriad of state and local health, safety and licensing requirements, Idaho employers should be aware of recordkeeping and reporting regulations from the Occupational Safety & Health Administration (“OSHA”). Since Idaho does not have a federally approved occupational safety and health regulatory program, private sector workplaces remain under OSHA’s federal jurisdiction. OSHA...
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A recent federal court ruling from Pennsylvania in Serine v. Marshall Dennehey highlights employers’ ongoing exposure to lawsuits under the Americans with Disabilities Act (ADA) of 1990. There, the U.S. District Judge ruled that Erica Serine, a Philadelphia lawyer and former law firm associate, could proceed with a lawsuit against the firm for failing to...
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The trend of employers requiring employees to be vaccinated for influenza is growing. The growth rate of this workplace trend is undisputedly in part driven by the U.S. government. The U.S. Department of Health and Human Services (DHHS)’ “Healthy People 2020” initiative states a goal of vaccinating 90% of the nation’s healthcare workers with the...
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Employment Practices Liability (EPL) insurance protects a company and its directors, officers and employees for claims alleging employment-related wrongdoing. Many companies assume that all EPL coverage is generally the same; however, the scope of EPL coverage may vary from policy to policy. In addition, there are two new areas of law that employers should consider...
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Employer-sponsored volunteering has become an increasingly popular trend among small and large companies in recent years. The reason is simple: employee volunteering can be extremely beneficial for all involved. This includes the people for whom volunteer services are performed (i.e., the community), employees, and employers. Companies benefit because volunteering can improve their image, create brand...
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The recent tragedy at a northern Idaho Wal-Mart, where a two-year-old accidentally shot his mother with a handgun he found in her purse, raised another media alarm about concealed carry and workplace shootings. While the victim at Wal-Mart was a customer, businesses may also be concerned about their employee policies and whether to regulate or...
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The EEOC made news last year when it filed a lawsuit against CONSOL, accusing the coal company of violating Title VII’s provisions requiring accommodation of sincerely held religious beliefs. (EEOC v. CONSOL Energy, Inc. and Consolidation Coal Co., No. 1:113-cv-00215-FPS (N.D. W. Va.).) The complaint alleges that the company’s biometric hand scanner system, installed as...
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Actually, the Affordable Care Act (e.g., “Obama care”) creates new incentives for employers and builds on existing wellness program policies to promote employer wellness programs. Plus, under federal law, an employer can even vary your health insurance premium based on a “health factor” up to 30%, a factor potentially based on its wellness program. However,...
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As the end of the year approaches, the subject of employee bonuses may be on the minds of employees and employers alike, which raises an interesting question: What obligation does an employer have to an employee to pay a “bonus?” As with most employment law issues, the answer is “it depends,” but wrongly decided that...
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Idaho employers have to be efficient and profitable before they can provide jobs that are secure. In today’s highly competitive post-recession economy, employers are continually restructuring their workforce to implement new business plans, and this often means replacing employees.This is an especially daunting task for mid-level managers who take charge of part of an organization...
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In our March blog, we cautioned that states were starting to enact their own laws to further protect pregnant women’s rights in the workplace. The Pregnancy Discrimination Act (PDA) made it unlawful to discriminate based on pregnancy when it comes to any aspect of employment, but did not require employers to make accommodations for pregnant...
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