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January 1, 2015 – New OSHA Reporting Requirements for Employers

On January 1, 2015, there will be a change to what covered employers are required to report to the Occupational Safety and Health Administration (OSHA). According to the new requirements, employers will now be required to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 […]

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Important Nebraska Workers’ Compensation Update

The Nebraska Workers Compensation Court recently announced that effective January 1, 2015, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $761.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2015. This amount equals 100 percent of the state average weekly wage as determined […]

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What Employers Need to Know About the EEOC’s New Pregnancy Discrimination Enforcement Guidelines

The Equal Employment Opportunity Commission (“EEOC”) recently issued new enforcement guidelines on the treatment of pregnant employees under the federal Pregnancy Discrimination Act (“PDA”), a 1978 amendment to Title VII of the Civil Rights Act, and most of the federal workplace laws touching on pregnancy. It has been more than 30 years, with the 1983 […]

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Important Prohibitions in the Hiring Process For Employers to Know…Part I

Employers have long understood that making “good” hiring decisions can have a significant impact on workers’ compensation costs. Until more recent times, there was essentially no limitation on an employer’s ability and right to request and rely upon whatever information it deemed necessary to “avoid hiring a claim”, so to speak. Whether it was information […]

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Nebraska Wage Payment and Collection Act Update – Can an Employer and Employee Contractually Define When a Commission Becomes Payable?

The Nebraska Supreme Court recently determined that an employer and an employee may contractually define when a commission becomes payable. In Coffey v. Planet Group, Inc., __N.W.2d__ (Apr. 4, 2014), the Court considered whether commissions are earned under an employee’s compensation plan for sales made by the employer after an employee, who was involved in […]

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A Question for Employers…Does GINA Protect Individuals Discriminated Against on the Basis of Current Impairments That Have a Genetic Basis, Such as a Back Disorder?

The simple answer is no. GINA is concerned primarily with protecting those individuals who may be discriminated against because an employer thinks they are at increased risk of acquiring a condition in the future. Someone who is discriminated against because she actually has breast cancer or another condition would not be protected by GINA, even […]

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Good Information for Employers To Know: Practical Examples Of Genetic Tests That Are Covered By GINA

It is important for employers to know what constitutes a “genetic test” under GINA because GINA restricts employers from requesting, requiring or purchasing genetic testing information, with limited exceptions. “Genetic tests” are defined by GINA as an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. 29 C.F.R. […]

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ARE EMPLOYERS ALLOWED TO USE AN EMPLOYEE’S GENETIC INFORMATION TO MAKE EMPLOYMENT RELATED DECISIONS?

The simple answer is no. The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C.A. §2000f, et seq., prohibits the use of genetic information in making decisions related to any terms, conditions, or privileges of employment (e.g. hiring, firing, and opportunities for advancement). GINA also restricts employers from requesting, requiring, or purchasing genetic information, with […]

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UNDER WHAT CIRCUMSTANCES MAY AN EMPLOYER REFUSE TO HIRE AN APPLICANT WITH A DISABILITY?

Employers must be familiar with the Americans with Disabilities Act (ADA) and its subsequent amendments (ADAAA). The focus of the ADA is to prevent employers from discriminating against disabled employees. However, if an employee is unable to perform the essential functions of the job, an employer may refuse to hire the employee. But in some […]

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