United States: OSHA Announces Final Rule On Recordkeeping Dramatically Increases Employers' Reporting Requirements Which OSHA Will Make Public

On September 18, 2014, OSHA published its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes several important changes that significantly expands reporting requirements for all employers while publishing the employer provided information on the OSHA website.

First, the new reporting requirements expand the list of severe injuries that employers must report. Currently, employers must notify OSHA of all work-related fatalities and work-related […]

By | September 24th, 2014 ||

United States: "A Health Care Organization Would Be The Employer Least Likely To Fire Someone Because She Just Had Surgery"

This is a quote from an EEOC attorney who just commenced an ADA suit against — you guessed it – an Albuquerque home respiratory services and medical equipment company.

It underscores, if that is needed, our frequent warning to health care employers to comply with the anti-discrimination laws — especially the ADA (and now GINA — see our post published earlier today) because the EEOC is zeroing in on you!

In this new case, the company allegedly fired a warehouse clerk one week […]

By | September 24th, 2014 ||

Canada: Yet another reminder for employers to proceed with caution when drafting termination provisions

It is safe to say that most every employer understands that a termination provision in an employment contract must provide for no less than minimum employment standards.  With this understanding, employers and their counsel draft termination provisions with the full intention of complying with these minimum standards.  However, it seems that despite these good intentions, the courts have sent a very clear message that a termination provision that falls short and does not expressly […]

By | September 24th, 2014 ||