Articles by Richard D. Alaniz

Employers Should Prepare for More OHSA Whistleblower Investigations

October 22, 2012
As the Occupational Safety and Health Administration (OSHA) beefs up its whistleblower program, employers should brace themselves for more claims and investigations. Over the last year, OSHA has been developing a “multifaceted plan for strengthening the enforcement of 21 whistleblower laws under its jurisdiction.”


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The Rise in Pregnancy Disability Regulations

September 17, 2012
Disability claims are always challenging for employers, but this is especially the case when pregnant workers suffer complications that leave them unable to perform their normal job duties.


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EEOC State Data Shows Trends, Areas to Watch

August 20, 2012
For the first time, the U.S. Equal Employment Opportunity Commission (EEOC) has revealed how many discrimination charges and which types of charges have been filed in each state and territory since 2009. Now, companies can access this information for each state where they have sites and offices.


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EEOC Guidance on Use of Criminal Background Checks Could Impact Hiring Practices

July 23, 2012
Companies that routinely conduct criminal background checks need to take another look at their current policies and procedures. In April, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance about the use of arrest and conviction records in hiring.


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New Rules Could Impose Disabled Worker Quotas on Federal Contractors

June 18, 2012
Companies with federal contracts or subcontracts may soon risk losing their contracts if they do not meet quotas to hire more disabled workers. Proposed rule changes would require employers with federal contracts and subcontracts to set a hiring goal that 7 percent of their employees are qualified workers with disabilities.


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Union Pension Plans: Financial Risks and Liability Considerations for Employers

May 21, 2012
Along with underfunded corporate and public pensions, many union pensions are massively in the red. For employers who have union workers who participate in these types of multiemployer pension plans, the growing liability involved with withdrawing from pension funds presents a serious issue.


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EEOC, Courts Begin to Weigh in on Amended ADA Standards

April 23, 2012
Striking the balance between the need to hire qualified employees and the need to avoid disability discrimination claims has become even more challenging since changes to the Americans with Disabilities Act (ADA) went into effect in 2009.


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When Employees Rant Online: NLRB Weighs in on Workers’ Rights and Social Media

March 19, 2012
If one of your employees calls her boss an insulting or obscene name on her Facebook page, you might think you could fire her without fear of reprisal. But you could be wrong. One company found itself in exactly that situation.


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Pippins v. KPMG: What One Employment Litigation Case Could Mean for Your Company

February 20, 2012
Any employer who has faced potential class-action wage-and-hour lawsuits knows what a headache they can be. Due to a recent court ruling, employers have a lot more to worry about. That case, Pippins v. KPMG, has caused tremendous turmoil and confusion among those who follow employment litigation and electronic discovery.


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Payroll Issues, Personal Liability: Employers Paying the Penalty for Wage and Hour Violations

January 23, 2012
In prosecution of wage and hour violations, the stakes are getting personal. In several recent cases, the government has penalized company owners and officers for failing to pay overtime, imposing stiff fines and even imprisonment.


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