INFORMATION

Site Map - The Workplace

Preventing Employee Fraud

- By understanding what types of fraud are most prevalent during a downturn, security can keep internal theft from creating a fiscal crisis for the company.

Seminar on Workplace Violence Reminds Businesses That "No One is Immune"

- Little more than a block from the location of the Discovery Channel hostage crisis this past summer, AlliedBarton and ASIS International's suburban Maryland chapter held a workplace violence seminar to preach preparedness.

Stay Calm in a Crisis

- Training is the key to ensuring that faculty, staff, and students make the best possible decisions during and after a school emergency.

EEOC Issues Final Rule on Genetic Discrimination

- The Equal Employment Opportunity Commission (EEOC) has issued a final rule implementing the federal Genetic Information Nondiscrimination Act (GINA) of 2008, which bars employers from discriminating against employees based on their genes.

State Legislation: Massachusetts: Background Checks

- A bill (H.B. 275) pending in the Massachusetts General Court would require that employers conduct criminal history checks on employees who work as security staff in bars, clubs, or other establishments that serve alcohol. In the bill “security staff” is defined as bouncers, doormen, floor staff, or other workers performing duties related to the admission of patrons or maintaining safety and order. The background check should focus on “violent criminal history or other incidents that are strictly related to the duties of the position,” according to the bill.

State Legislation: Illinois: Credit Checks

- A new Illinois law (formerly H.B. 4658) makes it illegal for employers in the state to conduct credit checks on applicants for most jobs. Though employers may still conduct background checks, they may not inquire about an applicant’s credit history or obtain a copy of their credit report.

U.S. Congressional Legislation: Workplace Safety

- A bill (H.R. 5663) that would revise federal workplace safety rules has been approved by the House of Representatives. The Senate has not announced whether it will take up the measure. The main portion of the bill addressed mine safety issues. However, the bill also addresses workplace safety in general. H.R. 5663 would increase the penalties for willful or repeat violations of workplace safety rules. Penalties for such violations would rise from a minimum of $5,000 and a maximum of $70,000 to a minimum of $8,000 and a maximum of $250,000. These penalties increase when a violation causes or contributes to an employee’s death.

Trade Secrets

- A federal court has upheld a preliminary injunction preventing a senior employee from going to work for a competitor. The employee, who was one of seven employees possessing all the knowledge to create Thomas’ English Muffins, was hired by a competitor, Hostess Brands. The court ruled that the harm presented by the potential for trade secret misappropriation outweighed the restriction of the individual’s employment.

Hostile Work Environment

- A black nursing assistant can pursue a hostile work environment lawsuit against her employer. The hostile environment was allegedly created when the employer acceded to the preferences of racially biased patients who refused to be treated by black nurses.

Discrimination

- New York City has been ordered by a federal judge to stop using its entry-level firefighter examination. The test, which includes 195 multiple-choice questions that measure cognitive ability, personal traits, and memorization, does not measure whether applicants are qualified to be firefighters, according to the judge. And it disproportionately excludes black and Hispanic applicants.

Violence Assessment and Intervention: The Practitioner’s Handbook, Second Edition.

- Violence Assessment and Intervention is a good reference for entities that need a program to handle potentially violent individuals.

Morning Security Brief: Whistleblower Report, Immigration Enforcement, Background Checks, and More

- A Labor Department Inspector General report finds that OSHA's whistleblower protection program falls far short of its goals, failing its own standard in 80% of cases. DHS reports recordbreaking immigration enforcement. HHS announces grants to states to develop programs for background checks for job candidates at elder-care facilities to curb patient abuse. And the GAO gives the Obama Administration a decent grade on cybersecurity progress report, but raises concerns about reaching ultimate goals.

Elsewhere in the Courts: ADA

- A federal court has ruled that an employee who failed to disclose his diagnosis of depression cannot later make a claim under the Americans with Disabilities Act. According to the case, the employee alleging that he was “stressed” and “anxious” did not constitute a formal request for accommodation of a disability.
 




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