Things you should know
Executive order compels federal contractors to participate in
E-Verify
On June 6, 2008, President Bush issued Executive Order No. 12989 that will
require all federal contractors to check the work eligibility status through
E-Verify of all new and current hires working on a federal contract.
FLSA Amendment increases penalties for child labor violations
The Genetic Information Nondiscrimination Act (GINA) amended Fair Labor
Standards Act (FLSA), effective May 21, 2008, increasing the penalties when
youth working in violation of the law are injured or die on the job.
Section 302 of GINA raises the maximum penalty to $50,000 for each violation
with the possibility of up to $100,000 in penalties for cases where the
employer’s violation is repeated or is a willful violation. The increased
penalties apply to death or serious injury to children that occur after
May 21, 2008.
Employers bear the burden of proving layoffs do not discriminate
against older workers
In a June 19, 2008 ruling, the U.S. Supreme Court placed the burden of production
and persuasion on employers in age discrimination disparate impact claims.
According to the Society for Human Resource Management (SHRM), “the
high court acknowledged that its decision would make it harder and costlier
for employers to defend themselves from ADEA claims. But it said that this
was a concern for the business community to raise with Congress, rather
than in arguments before the Supreme Court, which must interpret the law
‘the way Congress wrote it’ (Meacham v. Knolls Atomic Power
Laboratory, No. 06-1505).”
Study links pesticides and diabetes
Exposure to chlorinated pesticides may lead to an increased risk of diabetes,
according to a study of 30,000 pesticide applicators – mostly non-Hispanic
white males -conducted by researchers at the National Institutes of Health.
The strongest relationship was found with trichlorfon – a chemical
previously used in bug abatement and now used in turf applications. Infrequent
users increased their risk of diabetes by 85 percent, and those who used
it more than 10 times experienced a 250 percent increase in diabetes incidence.
Working overtime can cause anxiety and depression, especially
among lower skilled workers
A study published in the June 2008, Journal of Occupational and Environmental
Medicine, of 10,000 Norwegian workers found that both men and women
who work extra hours are more likely to suffer anxiety or depression. Overall
anxiety and depression was more prevalent among workers with low skill levels
and low incomes.
Construction deaths in Las Vegas and other major cities prompt
review of OSHA
A U.S. House of Representatives committee is focusing on OSHA, noting that
the agency does not dedicate sufficient resources to inspect most job sites,
nor does it have the political will to hold employers accountable when they
put employees at risk. Some members have called for increased fines and
an easier appeal process for workers.
Georgia and Florida Workplace Weapons Laws to take effect July 1, 2008
In Georgia, HB 89, prohibits most public and private employers in the state
from enforcing a "no weapons" policy in their workplaces by searching
a private vehicle of employees unless that employee grants permission to
do so or if it is determined that a serious threat to human life exists.
In addition, the new law prohibits an employer from conditioning employment
on an individual's agreement not to bring weapons onto company property,
including publicly accessed parking areas. The law does include language
that could hold employers harmless of any liability resulting from a civil
or criminal act involving such a weapon.
In Florida, HB 503, The Preservation & Protection of the Right to Keep
& Bear Arms in Motor Vehicles Act of 2008 with few exemptions, will
allow employees and visitors to bring firearms to work as long as they have
a state-issued concealed firearms permit and the firearm is kept in a locked
car.
The Florida Retail Federation and the Florida Chamber of Commerce have filed
suit in federal court challenging the new law. The lawsuit claims that the
law conflicts with the Occupational Safety and Health Act (OSHA), which
requires employers to provide a working environment free from hazards likely
to cause serious harm. The suit also asserts that the law unconstitutionally
violates private property rights. There has been no ruling as of the publication
date. |