Several bills that would give employers more latitude in disputes with the Occupational Safety and Health Administration (OSHA) have been merged into one measure(H.R. 739) This bill has been passed by the House of Representatives and is currently pending in the Senate Health, Education, Labor, and Pensions Committee.The legislation would allow employees more time to contest safety violations. Currently, employers have 15 days to contest safety violations. The bill would allow employees to exceed that 15-day time limit if the failure to contest results is from “mistake, inadvertence, surprise, or excusable neglect.”H.R. 739 would also allow employers with 100 or fewer employees and a net worth of $7 million or less to collect attorney’s fees if they prevail in a dispute with OSHA.
A bill (S. 1408) that would set national standards requiring businesses to report data security breaches to its customers has been approved by the Senate Commerce, Science, and Transportation Committee. tracking system for all radiation sources in the United States.
The California Assembly’s Insurance Committee has voted down a bill (S.B. 550) that would have required any companies, before selling personal information to investigators, to certify the legitimacy of those clients and provide the subject of the inquiry with a copy of the information being given out.
In the first case of its kind, the California Supreme Court has ruled that widespread sexual favoritism in the workplace can create a hostile workplace environment. While an isolated case of favoritism would not be grounds for a harassment charge, ruled the court, employees may sue if the message conveyed in the workplace is that women are sexual playthings or that they must engage in sexual conduct with supervisors to get ahead. In the case, a prison warden was conducting four simultaneous affairs and used his authority to get the women special treatment such as promotions and perks. (Miller v. Department of Corrections, Supreme Court of California, No. S114097, 2005)
The New Jersey Supreme Court has ruled that a company did not discriminate against a pregnant employee when it allowed her only 26 weeks of medical leave in a single year. A company policy, the 26-week rule was applied equally to all employees so it could not be considered discriminatory. In a dissenting opinion, three of the court’s seven judges claimed that the policy should be considered discriminatory because only women will be forced to use the policy for pregnancy-related conditions, thus limiting the amount of medical leave available to women. Because this situation would never apply to a male employee, the judge argued, the pregnant employee should have prevailed in the case. (Gerety v. Atlantic City Hilton Casino, New Jersey Supreme Court, No. A-33-04, 2005)
Research firm Gartner has estimated that ATM and debit-card fraud resulted in $2.75 billion in losses in the 12 months ending in May 2005. Most, it says, resulted from phishing and keystroke-logging attacks that capture account information and PINs. However, research from TowerGroup, a global financial-services advisor, estimates these losses to be much lower, with less than one percent of fraud losses coming from phishing. Most losses, it says, are from stolen cards and card skimming.@ Criminals Exploit Consumer Bank Account and ATM System Weaknesses is $95 through the Gartner Web site. Turning Phishing into Cash: Criminal Convenience at the ATM? is available from TowerGroup for $1,750; a summary is at SM Online.