“ORDERING AN EMPLOYEE TO OBTAIN COUNSELING IN ORDER TO KEEP HIS/HER JOB”
Can an employer order a troubled employee to obtain psychological counseling as a condition for keeping his/her job? The Sixth Circuit Court of Appeals has answered that such a request requires compliance with the Americans With Disabilities Act
Confidentiality and Internal Investigations:
Attacks by NLRB and EEOC Employers conduct internal investigations for a variety of reasons. Sometimes it is an on-going internal audit to promote compliance. Other times the investigation is the response to a complaint, inventory shortages, rum
“How to Handle Possible January Budget Sequestration under WARN”
“How to Handle Possible January Budget Sequestration under WARN” On July 30, 2012, the U.S. Department of Labor (DOL) issued Training and Employment Guidance Letter No. 3-12, offering guidance on how federal contractors should comply wit
Unscheduled Breaks and Deviations from the Scope of Employment
As is well established in workers’ compensation law, in order for an injury to be compensable, it must have been sustained in the course and scope of the worker’s employment. However, there can sometimes be a very hazy line between activitie
EEOC Attacks TB Testing Program at Rehabilitation and Nursing Facility
A rehabilitation and nursing company refused to let an employee start working who tested positive on a preliminary Tuberculosis skin test. In its lawsuit, (EEOC v. Health Partners, Inc., Case No. 2:11-CV-12024), filed in U.S. District Court
Alabama: No Employee Texting or Email While Driving
Effective August 1, 2012, Alabama law now prohibits drivers from writing, sending or reading a text or email while operating a motor vehicle. First, second and third or subsequent offenses may lead to fines of $25, $50 and $75, respectively. T
Surface Transportation Assistance Act: Whistleblower Protection Final Rule issued by OSHA
OSHA issued its Final Rule implementing the whistleblower provisions of the Surface Transportation Assistance Act [STAA]. As a result of the 9/11 Commission Act Amendments, the whistleblower protections of the STAA were expanded to reach beyo
Fictional New Injury vs. Change In Condition: A New Standard or Still a Blurry Line?
Two concepts that are often misunderstood and frequently the subject of litigation in Georgia are “fictional new injury” and “change in condition.” A recent case that made its way through the Georgia appellate system, Scott v. Shaw Ind
Health Care Reform Upheld: Employers Must Plan to Comply
The U.S. Supreme Court has upheld the massive health care reform law, the Patient Protection and Affordable Care Act (ACA). While the law’s individual mandate has survived constitutional scrutiny, many challenges and questions for employers re
Georgia Court of Appeals Decision on “Diligent Job Search” Strengthens Maloney Defense for Employers and Insurers
dil·i·gent [dil-i-juhnt] adjective 1. constant in effort to accomplish something; attentive and persistent in doing anything: a diligent student. 2. done or pursued with persevering attention; painstaking: a diligent search of the file