HR Next has the story of Mount Sinai Hospital Medical Center in Chicago's agreement to pay over $600,000 in back pay for overtime following an audit by the Wage and Hour division of the DOL. The hospital's blunder - they just paid overtime after 80 hours every 14 day pay period. Wage and Hour is normally determined on a 7 day workweek period, but there is an exception for hospitals which allows a 14 day work period, but to qualify an employer must pay the greater number of overtime hours figured over 80 hours in the 14 day period or after 8 hours in a day. 29 CFR § 778.601. The period covered 18 months and the payment amount doesn't appear to include liquidated damages which would have been likely if this had been a case brought as a collective action.
It points out the benefits of not only paying close attention to the wage and hour regulations, but also to the advantage of considering working through the DOL if you have a problem rather than waiting for a plaintiffs' employment lawyer to pick you off.
Ergonomics Rules Go Down To Defeat In Washington State
Although I have not had to deal with ergonomic rules (or the threat of them) very often, they are a big concern to many employers. To this point there has been more talk about them than action. The Washington state experience seems to be a good example. A comprehensive set of rules was enacted, but implementation was postponed. After other battles, the latest was a well funded initiative opposing them. which was apparently successful yesterday. The Seattle Post-Intelligencer has the story. Could be interesting that the rules wouldn't fly with the general public, or it could just be another example of what occurs in the sometimes wacky world of initiative.
6th Cir. Spends Little Time In Allowing Both KY Teacher Disability Pension and ADA Claim
Jumping quickly to the position that where the contention is that the employee could have continued in her position if the employer made a reasonable accommodation, which it didn't, the 6th Cir. not only came out differently on the issue of whether an ADA claim was barred because of a claim under the KY disability pension statute than the 3rd Circuit did a month ago in dealing with a similar question, (see earlier Jottings post) but also took a whole lot less time in doing so. Justice v. Pike County Bd of Education (6th Cir. 11/4/03) [pdf].
Electronic Communication of Policies Sufficient - No Need For Paper According to the 6th Cir.
Although the bulk of the opinion deals with when the "reasonable expectations" of an employee are sufficient to imply something other than an at will status under Michigan law (certainly not close here), the money quote in Mannix v. County of Monroe (6th Cir. 11/3/03) [pdf] for those who worry about whether posting policies on a computer network will be sufficient is as follows: "Uncontradicted evidence establishes that the County did provide reasonable notice, in that it undertook steps reasonably calculated to reach the affected employees. Considering the advancement and ubiquity of electronic corporate communications, we will not induce a return to older practices by imposing a paper receipt requirement." Amen.
6th Cir. - Participation In Internal Investigation Related to EEOC Charge Protected Under Participation Clause
Where an employee was named as a witness to an incident that led to an EEOC charge being filed, and subsequently told the employer that he did see the incident and would so testify, the activity was protected under the participation clause of Title VII. Abbott v. Crown Motor Co. (6th Cir. 11/3/03) [pdf]. In a case of first impression for the Circuit, the court held that participation in an internal investigation linked to a filed EEOC charge was participation. The court also found that statements allegedly made by the employer near the time of the termination that he was going to get back at those who were involved in the charge and that the plaintiff was fired for sticking his nose where it didn't belong, plus a negative reference given in violation of the company's own policy, were sufficient to reverse the trial court's summary judgment. Retaliation seems destined to be one of plaintiffs best causes of action.
Making It Easier To Complain - Coming Soon An EEOC Call Center
Although I haven't seen a mention of it in the regular press, the Daily Labor Report (subscription required) is reporting that the EEOC is voting to set up a national call center which would apparently take discrimination complaints. It would be on a 2 year trial basis and would employ contractor employees. (I can see the ads now, Telemarketers - Tired of Selling Steak Knives - Come Listen To Employees Complain). The U.S. Newswire did have a storyl ast week which focused on the opposition of the AFGE union to many of the proposed changes.
The call center is just one of a number of internal changes being proposed by the Chair, Cari Dominguez to the full five member Commission. Following confirmations of Naomi Earp (who had been sitting under a recess appointment and who was originally opposed by the NAACP), Leslie Silverman and Stuart Ishamaru by the Senate last Friday, the EEOC is now at full strength for the first time in a number of years. The fifth member is Paul Steven Miller.
The call center is just one of a number of internal changes being proposed by the Chair, Cari Dominguez to the full five member Commission. Following confirmations of Naomi Earp (who had been sitting under a recess appointment and who was originally opposed by the NAACP), Leslie Silverman and Stuart Ishamaru by the Senate last Friday, the EEOC is now at full strength for the first time in a number of years. The fifth member is Paul Steven Miller.
Diabetes and the ADA - Check Out EEOC Fact Sheet
As diabetes becomes a more common medical issue - another aging of the workforce issue? - the EEOC has released Questions and Answers About Diabetes in the Workplace and the Americans with Disabilities Act (ADA).
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