Arkansas Drug Test Update

July 9th, 2010 Posted by Madison

The Arkansas Department of Labor issued rules for employers under the 2009 . Effective May 1, 2010, the rules generally prohibit an from charging an for a drug test. However, the rules permit an employer to require the employee to for a drug or alcohol test, under very specific circumstances. Routine pre-employment drug screening must be free to the applicant, and the applicant must receive a copy of the results at no cost if requested in writing.

 

The same provisions apply to medical exams and drug tests before and during employment. An employee who requests that a sample be retested after a positive drug test can be required to pay for the retest – but not for the initial screening.

 

Certain exceptions apply to further drug tests if the employee has tested positive for an illegal drug (including alcohol) and has agreed to a plan as a condition of continued employment. In that case, the employee (more…)

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Wisconsin Bans Workplace Smoking

June 16th, 2010 Posted by Derrick

The Wisconsin smoking ban, which prohibits smoking in virtually every , goes into effect on July 5, 2010. The 2009 Act 12 is more restrictive than many other state smoking bans. It requires business owners to enforce the non-smoking , and provides greater penalties for business owners who fail to do so.

 

The Wisconsin non-smoking law prohibits smoking indoors in public places, including workplaces with two or more walls. This prohibits smoking in warehouses, auto shops, taverns, restaurants, sports arenas, theaters, private clubs and stores. Smoking is banned in all state and local government offices, all schools, and prisons. The law also on public transportation and even in bus shelters.

 

Restaurants and bars may permit smoking in a designated outdoor area such as a patio or porch, as long as the space has only one wall. The state law permits smoking outdoors, even inches away from an open door or window.

 

Many states permit residents of nursing homes to smoke in certain designated areas. Wisconsin will not. All hospitals, clinics and nursing homes are included in the .

 

The new law repeals an earlier statute that allowed a business owner to designate certain areas where smoking was permitted, such as private offices or an break room. Smoking is banned throughout the ’s building, including cafeterias, break rooms, restrooms, vehicles, elevators and even (more…)

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Increased Penalties for Misclassifying Workers

May 28th, 2010 Posted by Amelia

        Does misclassification of employees as independent contractors increase during a recession? Some experts seem to think so. Several states and the federal government are reacting to this crisis with increased and higher penalties against employers who violate these statutes.

 

        Speaking to , the Society for Human Resource Management, attorney Frank Connolly said,” When it comes to a lot of start-ups or small businesses that don’t have a lot of assets, a lot of it is naïveté and a lot of it is convenience. I don’t have the money to a lot of people a lot of cash. I can avoid it by calling these people independent contractors.” Connolly, with the firm of Jackson Lewis in Washington, D.C. adds, “These employers probably don’t realize that they are violating the .”

 

        In most cases, if the controls when, where or (more…)

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Health Care Reform Compliance

May 7th, 2010 Posted by Amelia

Employers should be aware of two regulations issues under Health Care Reform, regarding coverage of adult offspring, and tracking part time employees.

 

Beginning in 2014, the Patient Protection and Affordable Care Act or will require employers with 50 or more full-time workers to a if they do not provide a group plan. Under this law, a full time is defined as one who works 30 or more hours per week. Under this regulation, two employees who each work 15 hours per week count as one FTE, or the equivalent of one full-time . (more…)

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Court to Rule on California Meal Break Law

April 9th, 2010 Posted by Derrick

The California Supreme Court will issue a ruling in the near future on the state’s strict meal break .

 

In v. Superior Court, the company is arguing about the definition of “providing” a meal break under state law. Brinker argues that while law requires an to “provide” a meal break, that simply means offer the the opportunity to take a meal break.

 

Brinker International is the parent company of a number of popular restaurant chains, including Maggiano’s Little Italy, Chili’s Grill and Bar, and On the Border.

 

In the past, the California meal break law has been interpreted by the courts to mean that the employer must (more…)

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