The Hazards Outside Your Company’s Workplace: Employee’s On-The-Job Slaying Results in OSHA Fines

On June 10, 2013, OSHA issued a $10,500 fine against Integra Health Management of Owings Mills, Maryland as a result of the December 10, 2012 death of employee Stephanie Ross. Ms. Ross was a health care worker who was visiting a 53-year-old male client, with a history of criminal violence, to make sure that he was following his medical treatment program. Mr. Ross was stabbed to death by this client.

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Rising Talent and a Static Non-competition Agreement is a Recipe for Trouble in Massachusetts

Your company prides itself on developing employees and invests significant time, energy and financial support to help retain top talent. In return, asking an employee to sign a non-competition agreement to protect your investment makes good business sense. But what happens when you’ve groomed an employee to rise through the ranks and haven’t updated his non-competition agreement along the way? Interpros, Inc., a staffing and career servicing company, learned the hard way that you may not have any recourse.

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High End, Low End: What do Automobile Manufacturer BMW and Discount Small-box Retailer Dollar General Have in Common? A Complaint from the EEOC for Starters

It sounds like the beginning of a joke, but the punch-line isn’t at all funny. So what exactly do a high-end automobile manufacturer like BMW and a discount small-box retailer like Dollar General have in common? Suits filed by the EEOC on Tuesday alleging race discrimination. On Tuesday, June 11, 2013, the EEOC filed complaints alleging the two companies violated Title VII of the Civil Rights Act through their implementation and use of criminal background check policies that resulted in the termination of some employees and the failure to hire others. 

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All Process Due: First Circuit Rules Rhode Island Probationary Public Employee’s Post-Termination Arbitration Hearing Was Adequate Under The Fourteenth Amendment

Former (probationary) town building official, Paul Senra, brought a claim against his former employer, the Town of Smithfield, Rhode Island, alleging the town violated his Fourteenth Amendment procedural due process rights when it terminated his employment.  He additionally argued that his rights under the Rhode Island Constitution and Rhode Island’s Whistleblowers’ Protection Act were violated when he was terminated.  Last month the First Circuit, in Senra v. Town of Smithfiled, No. 12-1600 (May 3, 2013), affirmed the district court’s grant of summary judgment, dismissing all of Senra’s claims.

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Former Employees, Social Media, and Updating that “Relationship Status”

LinkedIn, Facebook, and other social networking sites allow individuals to identify their employer in their profiles—attaching that employee to an employer’s online persona.  What, however, can an employer do when a former employee is refusing to “update” their social media profile to indicate the breakup of the employment relationship after a termination?

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“For Cause” and Effect: First Circuit Finds Employer “For Cause” Contract Provision Unambiguous and Not a Jury Question

On June 3, 2013, the First Circuit (panel of Howard, Stahl, and Thompson) in Weiss v. DHL Express, Inc., Nos. 12-1853, 12-1864 (1st Cir. June 3, 2013), reversed a jury ruling in Plaintiff’s favor finding that the question of “good cause” to terminate was not a jury question, but one held within the employer’s discretion. The court ruled that an employer’s termination of an employee—and determination that the termination was under the “good cause” provision of the employment contract (thus prohibiting the payment of a $60,000 bonus)—was within the employer’s discretion and thus improperly submitted to a jury.

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The Affordable Care Act’s First Born: The National Women’s Law Center Files First Complaints under Section 1557 of the ACA

On June 4, 2013, the National Women’s Law Center (NWLC) filed complaints against five separate institutions alleging that they exclude pregnancy coverage from health insurance benefits provided to their employees’ dependent children, in violation of Section 1557 of the Affordable Care Act (ACA).  The complaints alleging violation of Section 1557 were filed with the United States Health and Human Services Department’s Office for Civil Rights against Beacon Health System, Auburn University, Battelle Memorial Institute, Gonzaga University, and the Pennsylvania State System of Higher Education.

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Defining Non-Solicitation: Massachusetts Court Holds Lack of “First Contact” With Client Does Not Equal Non-Solicitation

A May 3, 2013 decision by Judge Douglas P. Woodlock in Corporate Technologies Inc. v. Harnett, No. 12-12385 (May 3, 2013), granted Plaintiff’s Motion for Preliminary Injunction, enjoining a former employee from doing business with clients he had worked with while employed by Corporate Technologies Inc. (CTI). The opinion includes a substantial discussion of the “arbitrary distinction” Defendant, Harnett, attempted to draw as to the definition of solicitation. Defendants attempted to argue that “as long as the client was the first to contact [him], any business he conducts cannot constitute solicitation.” The court disagreed.  

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While Your Mother May Not Recommend Picking “Sides” in a Battle, She May Recomment Using SIDES Sooner Rather Than Later in Your Next Unemployment Battle

In early May, Maine’s Department of Labor launched its new, secure, website which allows Maine employers to report unemployment information in a manner that is both timely and in compliance with the new federal requirements that take effect on October 21, 2013. SIDES (State Information Data Exchange System) E-Response is a “web-based interface that provides employers with secure online reporting of separation and wage information about individuals who may file for unemployment insurance benefits. 

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Connecticut Legislature Increases Minimum Wage and Tip Credit

Late Wednesday, the Connecticut House of Representatives passed legislation that will boost the state’s minimum hourly wage from the current $8.25 an hour to $9.00 an hour over a two-year period.  Connecticut’s Senate had previously approved the legislation on May 23, 2013. Connecticut Governor, Dannel P. Malloy indicated on Wednesday that he intends to sign the legislation increasing the hourly minimum wage from $8.25 to $8.70 an hour on January 1, 2014, and from $8.70 an hour to $9.00 an hour on January 1, 2015.

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