Federal agency enforcement activities

Article Abstract:

Decisions by the US Occupational Safety and Health Administration (OSHA) and the US Labor Department's Wage and Hour Div show that employers must ensure that their employment practices conform to legal requirements to reduce their legal liability. OSHA has proposed fines of more than $1 million against Monfort Inc, a meat-packing plant, for 197 alleged violations of lock-out/tag-out regulations for control of hazardous substances. The Wage and Hour Div of the US Department of Labor has proposed fining Wendy's Restaurants (Kansas City, MO) $315,000 for forcing employees to submit to lie detector tests in violation of the Employee Polygraph Protection Act of 1988. A federal judge has awarded 91 employees of ITT Rayonier Inc, a forest products company, $57 million in back wages and damages for violating overtime regulations in the Fair Labor Standards Act.

Regulation misc. commercial sectors, Admin. of social & manpower programs, Cases, United States. Occupational Safety and Health Administration, Hazardous substances, Overtime, ITT Rayonier Inc., United States. Department of Labor. Wage and Hour Division, Monfort Inc.

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Developments in job-related polygraph examinations

Article Abstract:

Mandatory lie detector examinations of job applicants and employees have been challenged at state and federal levels, in the courts, and before panels such as the National Labor Relations Board. The US House of Representatives recently passed the Employee Polygraph Protection Act, which would prevent most employers from utilizing lie detectors for employee and job applicant screening. The Senate has yet to approve a companion piece of legislation, and President Reagan has suggested that he would veto any Congressional polygraph legislation. Several rulings on polygraph use are discussed.

Methods

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California wrongful discharge developments

Article Abstract:

Foley versus Interactive Data Corp, a California Supreme Court case, has an impact for personnel managers. The court ruling states that employees fired in bad faith cannot recover damages for suffering, pain, or punitive damages and are confined to contract damages. The court decision, while addressing the question of good faith and fair dealing, does not completely resolve all the issues that are often related to claims connected to wrongful termination litigation.

Analysis, Employee dismissals, Employment terminations, Employment at will, Early retirement, Severance pay

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