http://www.elinfonet.com/fedindex/12 Human resource articles discussing topics covering employee relations and other workplace issues. Fri, 29 Aug 2008 00:08:32 EST en-us http://www.elinfonet.com/newscount.php?popID=7222 Article: 7222 Wed, 27 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Everyone has some awareness that e-mail is not a particularly safe mode of communication and that you should refrain from sending confidential information over an e-mail server. Most people also know that once you click “send,” you have created a permanent record of that correspondence. http://www.elinfonet.com/newscount.php?popID=7220 Article: 7220 Wed, 27 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) President Bush signed the Genetic Information Nondiscrimination Act (GINA) into law on May 21, 2008. The law, which had overwhelming support in both houses of Congress, is intended to prevent employers, employment agencies, labor unions, and health insurers from discriminating against individuals based on genetic information. GINA amends various federal laws. As a result, several federal entities, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor, the Secretary of Health and Human Services, and the Secretary of Treasury are tasked with issuing regulations to implement the law. The law becomes effective for insurers on May 21, 2009, and for employers, labor unions, and employment agencies in November 2009. http://www.elinfonet.com/newscount.php?popID=7219 Article: 7219 Wed, 27 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) No matter what you call it—a recession, a sluggish environment, or a downturn—it’s clear that the economy is far from robust. Because job losses are an inevitable part of any economic downturn, it is wise to plan ahead, whether you believe your company will be able to weather the storm successfully or you expect to face the painful task of cutting jobs. http://www.elinfonet.com/newscount.php?popID=7218 Article: 7218 Tue, 26 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to protect the rights of veterans and members of the uniformed services, and is broadly construed in favor of those individuals. The Act specifically states that a returning veteran must be “promptly reemployed” after an honorable discharge from military service and requires that, in most cases, reinstatement is made to the position which the individual would have held had he or she not left for military leave. The 6th U.S. Circuit Court of Appeals has held that a police department’s delay in re-employing a returning Army reservist violated the USERRA, even though the delay was based upon the employee’s suspected dishonesty. http://www.elinfonet.com/newscount.php?popID=7208 Article: 7208 Tue, 19 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Independent contractors are a growing segment of the retail workforce. Lower costs, reduced liability, and hiring fl exibility are just a few reasons that retailers fi nd hiring independent contractors to be so attractive. While these benefi ts are alluring, retailers need to be aware of the risks involved when engaging independent contractors. http://www.elinfonet.com/newscount.php?popID=7206 Article: 7206 Tue, 19 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Companies have developed new ways to create, store, access, use and LOSE data. Indeed, since January 2005, the Privacy Rights Clearinghouse has reported that more than 1,000 data breaches have occurred, involving more than 220 million records. In reality, the number of actual data breaches is much higher, given that not all incidents are reported. Notably, however, in just the fi rst quarter of 2008, 167 data breaches have been reported, involving 8.3 MM fi nancial and consumer records. A data breach or loss can occur in a variety of ways: http://www.elinfonet.com/newscount.php?popID=7205 Article: 7205 Mon, 18 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Federal law favors arbitration of disputes. While the U.S. Supreme Court has held that statutory claims - including employment-related issues – generally are subject to arbitration, it has not specifically addressed the arbitrability of claims under the Uniformed Services Employment and Re-employment Act (USERRA). Until recently, in fact, only one federal appellate court had addressed that issue, and had determined that claims related to the USERRA are subject to arbitration, if arbitration is required under a written agreement. Garrett v. Circuit City Stores, Inc., 449 F.3d 672 (5th Cir. 2006). Recently, the 6th U.S. Circuit Court of Appeals reached the same conclusion, finding that an optometrist who was called to military duty was required to arbitrate his claims related to demotion and earnings. http://www.elinfonet.com/newscount.php?popID=7196 Article: 7196 Tue, 12 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On August 25, 2008, certain newly-created U.S. Department of Transportation (“DOT”) drug and alcohol testing regulations will become effective. The new regulations amend or create new sections to 49 C.F.R. Part 40, and contain new or revised guidance on issues related to adulterated, substituted, diluted, and invalid urine specimens. While most of the new regulations address responsibilities of medical review officers, collectors and laboratories, employers in all DOT-regulated industries should be aware of the following requirements: http://www.elinfonet.com/newscount.php?popID=7195 Article: 7195 Mon, 11 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Next time you travel outside the United States, don't be surprised when U.S. Customs and Border Protection agents give your laptop a closer look than ever before. According to a policy announced on July 16, 2008, Customs agents have authority to conduct searches at the border of information contained in documents and electronic devices such as laptops and flash drives, even without any suspicion of wrongdoing or unlawful activity. There is no distinction between foreigners and Americans. The new policy allows Customs to search, copy, retain, and share information from computers, disks, hard drives, electronic or digital storage devices, as well as documents, books, pamphlets, and other printed materials. Officers may detain documents and electronic devices for as long as they deem necessary and reasonable to perform a thorough search, either on or off site. Customs may share the documents or electronic devices with other federal agencies or entities for translation, decryption, or subject matter assistance, without notice. http://www.elinfonet.com/newscount.php?popID=7189 Article: 7189 Thu, 07 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) More than eight million regulated workers in the transportation and pipeline industries will face more stringent drug testing collection procedures when new federal transportation regulations go into effect August 25, 2008. The new rules, which are included in and modify 49 C.F.R. Part 40, address "specimen validity" and seek to deal with what appear to be widespread efforts by workers to "beat" drug tests.