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| The U.S. House of
Representatives overwhelmingly approved legislation on June 25, 2008, that would amend the Americans
with Disabilities Act of 1990 (ADA). The proposed ADA Amendments Act (H.R. 3195), which passed the
House by a vote of 402-17, would change the ADA's definition of "disability," add rules of
construction rejecting past Supreme Court interpretations of the Act and make changes to the ADA's
codified findings and regulatory authority. |
| (Source: CCH Business & Corporate Compliance,
2008-06-30) |
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| The Iraq war funding bill that
Congress is sending to the White House will extend weekly benefits for jobless Americans hurt by the
tough economy and rising unemployment. The legislation, upon President Bush's signature, will give
an extra 13 weeks of unemployment benefits to jobless workers who have exhausted their regular 26
weeks of benefits. |
| (Source: BusinessWeek, 2008-06-26) |
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| Over the past eight months,
federal immigration agents have arrested more than 2,900 suspected undocumented workers on
administrative immigration charges and 775 more workers on criminal charges such as identity theft
or Social Security fraud. Only 75 "bosses" -- business owners, supervisors or human resources
workers -- have been arrested on charges such as harboring or knowingly hiring undocumented
immigrants. |
| (Source: Houston Chronicle,
2008-06-30) |
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| The law governing e-mail
communications is still evolving. Generally, courts have found that employers can monitor employees'
e-mail communications on company computers, but courts have also recognized greater privacy
protection for e-mail messages sent using personal, Web-based e-mail accounts. |
| (Source: The New York Times (free reg. req'd),
2008-06-27) |
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| Should an employee get paid
for reading a BlackBerry at the dinner table, sending an office e-mail or posting a job-related blog
at home? A spat at ABC News over paying writers to check their BlackBerries on their own time
recently raised the issue, and such a dispute marks the leading edge of a deluge of unresolved and
potentially heated cases to come in the United States, experts say. |
| (Source: Reuters, 2008-06-26) |
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| In papers filed in court, the
Bush administration says its student visa extension won't hurt U.S. tech workers and argues that
it's not a backdoor H-1B increase. The administration was responding to a lawsuit filed in May by
the Immigration Reform Institute, The Programmers Guild, and other groups challenging the extension
of the Optional Practical Training provision from one year to 29 months. |
| (Source: InfoWorld, 2008-06-25) |
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| In these tough economic times
when some companies are forced to scale back their labor force, how can they handle it in a way that
saves face for their workers and doesn't demoralize the remaining staff? Employers can best prepare
their workers for a layoff by being honest and consistent in their message. |
| (Source: Hispanic Business,
2008-07-01) |
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| People who take part in
weight-loss programs set up by their employers manage to lose at least modest amounts of weight
compared to co-workers who do not take part, U.S. researchers said. But their review of 11 studies
published from 1995 to 2006 of such workplace programs in the United States, Britain, Japan, Sweden,
New Zealand and Australia did not show whether those employees who lost weight managed to keep it
off. |
| (Source: Reuters, 2008-07-01) |
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| Many workers are mismanaging
their 401(k)s, according to a study by Palo Alto, Calif.-based investment advisory firm Financial
Engines. The study, which analyzed one million retirement portfolios, found 69 percent had
inappropriate risk and 36 percent had too much concentration in the portfolio holder's company
stock. |
| (Source: New Orleans City Business,
2008-06-23) |
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| Wal-Mart Stores Inc. broke
Minnesota labor laws, a state judge ruled, handing the world's largest retailer its third-straight
defeat in a wage-class action trial and the possibility a jury may order it to pay $2 billion. The
company required hourly employees to work off-the-clock during training and denied full rest or meal
breaks in violation of state wage and hour laws, Hastings, Minnesota, District Judge Robert King Jr.
held following a non-jury trial. |
| (Source: Bloomberg, 2008-07-01) |
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| Wayne "Skip"
Adams |
The Centers for Disease Control and Prevention (CDC) recently reported that a "second-wave" AIDS
epidemic is under way among young gay men in the United States. The number of homosexual males
between the ages of 13 and 24 who are diagnosed with the HIV infection has been rising at a rate of
12 percent a year since 2001. This spike in the infection rate among gay men entering in the age
bracket in which many are first entering the workforce raises ominous concerns for employers. E-coli
in spinach, mad cow beef and now salmonella infected tomatoes have food service employers on edge.
Fear and misunderstanding of communicable diseases can cause employers to take actions which violate
the Americans with Disabilities Act (ADA) and expose them to substantial monetary liability.
Employers must know and comply with their legal obligations regarding applicants and employees who
are, or are suspected of being, infected with any communicable disease.
Continue to read this article
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Keep it Tidy!
Have a regular housekeeping and maintenance program to reduce clutter. Clutter can lead to
slips and trips, and also force employees to reach, bend or twist, increasing the likelihood of
strain injuries.
Please contact Kathleen Shortridge or Ann
Stewart if you have any worker's comp questions.
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