Covered Employers Must Post Annual OSHA 300A Summary Form by February 1, 2012
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- Published on Tuesday, 24 January 2012 04:33
Every employer covered by the Occupational Safety and Health Administration (OSHA) who has more than 10 employees, except for employers in certain low-hazard industries in the retail, finance, insurance, real estate, and service sectors, must maintain specific records of job related injuries and illnesses, including the OSHA Form 300, which is an injury/illness log, with a separate line entry for each recordable injury or illness. Such events include work related deaths, injuries, and illnesses other than minor injuries requiring only first aid treatment not involving medical treatment, loss of consciousness, restriction of work, or transfer to another job. Every year, the employer must post in a conspicuous location in the workplace the OSHA Form 300A, which consists of a summary of the previous year's work-related injuries and illnesses recorded on the Form 300. Employers must also record on the OSHA Form 301 individual incident reports that provide added detail about each specific recordable injury or illness. Read More.
NLRB Postpones Effective Date of Employee Rights Notice Poster
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- Published on Tuesday, 03 January 2012 20:28
As a reminder, the National Labor Relations Board (NLRB) has postponed the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC which heard a legal challenge regarding the rule. According to the NLRB, postponing the effective date of the rule will facilitate the resolution of the legal challenges that have been filed regarding the poster. The new implementation date is April 30, 2012. Most private sector employers will be required to post the 11-by-17-inch notice on the new implementation date of April 30. The notice is available at no cost from the NLRB through its website, www.nlrb.gov, which has additional information on posting requirements and NLRB jurisdiction. Read More.
NLRB Extends Required Date for Posting Notice on Union Rights
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- Published on Friday, 23 December 2011 17:29
On December 23, 2011, The National Labor Relations Board (NLRB) announced that it has postponed the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC, which is considering a legal challenge regarding the rule. The NLRB’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012. The notice is to advise employees that they have the following rights under the NLRA: (1) to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and (2) to refrain from any of these activities. The notice also provides examples of unlawful employer and union conduct and advises employees on how to contact the NLRB with any questions or complaints. According to the NLRB, the “11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.” Most private sector employers will be required to post the notice on the new implementation date of April 30. The notice is available at no cost from the NLRB through its website, www.nlrb.gov, which has additional information on posting requirements and NLRB jurisdiction. Read More.
NLRB Files Complaint Against Employer in Social Media Case
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- Published on Tuesday, 24 May 2011 05:56
The National Labor Relations Board (NLRB) recently announced that it filed a complaint against a nonprofit organization (Hispanics United of Buffalo) for terminating five workers for Facebook postings that criticized their working conditions. The NLRB also disclosed that it has more than two dozen pending cases involving worker complaints posted on the social media site. In the latest NLRB complaint involving social media, the NLRB alleges that an employee of Hispanics United, who was scheduled to meet with management about working conditions, posted on the employee's Facebook page, a co-worker's allegation that employees of the organization did not help the nonprofit's clients enough. The employee's post drew responses from other employees who defended their work and blamed conditions such as work loads and staffing issues. When Hispanics United learned about the postings, it discharged the five employees who participated, claiming their comments were harassment of the employee originally mentioned in the post. The NLRB said the Facebook discussion was "protected concerted activity" under the National Labor Relations Act....
Court Finds Tenured Teacher Engaged In Immoral Conduct
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- Published on Wednesday, 04 May 2011 07:00
Frank Lampedusa, a tenured teacher with the San Diego Unified School District (District) appealed his notice of termination as a permanent certificated teacher by the District to the Commission on Professional Competence (Commission). The District based Lampedusa's termination on the allegation that he showed evident unfitness for service under Education Code section 44932, subdivision (a)(5); immoral conduct under section 44932, subdivision (a)(1); and persistent refusal to follow State Board of Education guidelines or the law under section 44932, subdivision (a)(7). Specifically, the District's alleged that Lampedusa's posting on Craigslist of an ad soliciting sex under the "men seeking men" section that contained graphic photos of his genitalia and other body parts, as well as obscene written text, which was discovered by a parent and reported to the District, violated the above code sections. The Commission determined that cause for the dismissal did not exist and reinstated Lampedusa's employment with the District. The District filed a petition for writ of mandate with the Superior Court of San Diego County. The court denied the petition, finding the District failed to show the Commission's findings were not supported by the weight of the evidence. The District appealed, asserting there was no substantial evidence to support the Commission's reinstatement of Lampedusa regarding the charges of immoral conduct and evident unfitness. On appeal, the court reversed, concluding that "there is no substantial evidence to support the Commission's decision as the evidence shows both evident unfitness to serve as a teacher and that Lampedusa engaged in immoral conduct, either of which constituted grounds for termination."...
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