OSHA has proposed a new rule that could require many businesses to submit their injury and illness records to the agency as often as quarterly. The new rule would also allow OSHA to post these records on its website for all the world to see. Businesses are concerned about this rule for several reasons. One is that the added collection of injury and illness records could trigger an OSHA inspection. That’s true even if a reportable

The federal Equal Employment Opportunity Commission recently clarified its position on when employers can reject job applicants based on their criminal records. The EEOC is highly skeptical of companies that have a blanket ban on workers with criminal records, because it believes such a policy disproportionately discriminates against minorities. However, it recognizes that a criminal background can legitimately disqualify workers for certain jobs. According to the agency, it’s okay to take criminal history into account as

Over the next few years, we’ll see the very rapid adoption of wearable technology – smartwatches, Google Glass, and other miniaturized connectivity devices. It’s not hard to imagine how employees with these devices could create problems for businesses. Think of a service employee whose smartwatch displays inappropriate text messages or images, an accounting worker whose Google glasses capture salary data and automatically upload it to social media, or a home health aide whose smart bracelet updates

Graphic designers often like to “borrow” photographs and other artwork in order to create websites, brochures, direct-mail solicitations and other materials. But it’s important to make sure that you have a legal right to the images and designs you’re using. A company called Dream Communications found this out the hard way recently, when a designer used a photograph without permission in creating an online magazine about luxury homes in Hawaii. The owner of the image sued,

Most businesses ban smoking in the workplace, but what about the new electronic cigarettes? Should those be banned as well? E-cigarettes convert a liquid, which may contain nicotine, into a vapor. Some companies want to encourage e-cigarettes as a way to help workers quit smoking – which can reduce absenteeism and health costs. On the other hand, some businesses see e-cigarettes as simply a milder, but still harmful, version of regular cigarettes. And they say little

Online customer reviews have become a very important part of retail business. In one recent survey, two-thirds of shoppers said they consulted online customer reviews before buying. Of those, 90 percent said their buying decisions were influenced by positive reviews, and 86 percent were influenced by negative reviews. A one-star increase in a restaurant’s Yelp rating led on average to a 5-9 percent increase in revenue, according to a recent Harvard Business School study. And a

Most employers find that paying workers through direct deposit is far simpler and easier than paying via check. But can employers force employees to accept direct deposit? Well, not exactly. According to the Department of Labor, you can’t refuse to pay people by check if they really, truly insist on a check. However, you can make direct deposit standard practice, and you can force people who don’t like it to “opt out”…as opposed to inviting people

Many restaurants and other businesses automatically add a tip to the bill for groups over a certain size. But that’s likely to change in 2014, thanks to a new decision from the IRS. As of January 1, 2014, these automatic tips must be treated as “wages,” subject to payroll tax withholding. This will mean much more paperwork for the businesses (not to mention making the waiters and other servers unhappy). Darden Restaurants, which owns the Olive

Here’s a complicated wrinkle for businesses that have employees who are in a same-sex marriage. The question is whether these employees are “married” for purposes of the federal Family and Medical Leave Act, such that they’re eligible to take time off to care for a spouse. Previously, the IRS has ruled that employees are “married” for purposes of employee benefit plans if same-sex marriage is legal in the state where the marriage occurred. But now, the

If an employee is going to be working in hazardous conditions, does the employer merely have to provide appropriate safety equipment … or does it have to actually force the employee to use it? The latter, according to the OSHA Review Commission. The case involved a marine contractor in Florida that was renovating a boat ramp. An employee of the contractor was observed using a jackhammer on concrete without wearing goggles or earplugs.