Posts Tagged ‘workplace violence’

7 Things You Should Know From the 2013 Employment and Labor Law Update

Thursday, June 6th, 2013

2013ELLU-FlashCAI hosted its annual Employment and Labor Law Update at Raleigh’s McKimmon Center on May 22 and May 23. More than 430 people attended the conference to hear the latest updates in state and federal law.

Attorneys from Ogletree Deakins imparted important information to conference attendees about issues currently facing employers. Some of the topics included health care reform, unemployment insurance reform, North Carolina legislative updates, and wage and hour audits.

Below is a list of some of the pertinent information shared at the conference that company leaders should know:

Health Care Reform

1) The “pay or play” mandate of the Affordable Care Act  applies to “Applicable Large Employers”

  • An “Applicable Large Employer” is an employer with 50 or more full-time employees
  • “Employer” includes all entitles within the same controlled group of entities, including parent-subsidiary relationships and brother-sister relationships.

2) According to the “pay or play” mandate of the Affordable Care Act, Applicable Large Employers can choose to:

  • “Pay” by not offering coverage to all of their full-time employees and their dependents  OR
  • “Play” by offering coverage to their full-time employees and their dependents

3) Penalties Associated with the “pay or play” mandate include:

  • “’No Coverage‘ penalty”: Employer fails to offer coverage to all full-time employees and their dependents AND one or more full-time employees purchases coverage through the Exchange AND is eligible for premium tax credit or subsidy
    • § Penalty is $2,000 per full-time employee excluding the first 30 full-time employees
  • Employers that choose to “play” can still be subject to a penalty if they offer “Inadequate Coverage.” For example:
    • § Employer offers coverage to all of its full-time employees and their dependents but that coverage is NOT “affordable” OR does not provide “minimum value”
    • § Any full-time employee purchases coverage through the Exchange and receives a subsidy or tax credit

Complying with the Americans with Disabilities Act (ADA)

4) The ADA prohibits discrimination against qualified individuals with a disability, and it requires employers to make reasonable accommodations for disabled individuals where no undue hardship results for the employer.

5) Employee must be a qualified individual with a disability, meaning:

  • Must meet qualification standards for position
  • The individual must be qualified to perform the essential functions of the job with or without reasonable accommodation
  • Employers do not need to eliminate essential job functions

Workplace Violence

6) Workplace violence is any act of aggression, or threat of an act, that threatens the safety, security, or well-being of an individual who is at work or on duty.

  • One in six violent crimes occurs at work, including 7 percent of all rapes, 8 percent of all robberies and 16 percent of all assaults

7)  Workplace bullying is defined as repeated infliction of intentional, malicious, and abusive conduct that interferes with a person’s ability to do his/her work and is substantial enough to cause physical or psychological harm and a reasonable person would find hostile or offensive.

  • There is a strong correlation between bullying and violence
  • 43 percent of bullying comes from coworkers
  • 25 percent of bullying targets have protected status (other than gender)
  • 80 percent of bullying targets are women

If you are interested in attending CAI’s next Employment and Labor Law Update in 2014, please contact an Account Manager at 919-878-9222 or 336-668-7746.

Negligent Hiring and Retention Cost You In More Ways Than One

Tuesday, May 25th, 2010

There were 34 North Carolina employees who sustained fatal occupational injuries caused by assaults and other violent acts in 2008 (the most recent year for which data is available), according to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries. Violence was the second highest cause of death listed in the results, and that total amounted to just one less than the combined number of employees who died on the job from contacts with objects and equipment, exposure to harmful substances or environments, and fires or explosions.

This figure is important because employers can and have been held liable for employees who demonstrate harmful tendencies such as violence at work and are retained without receiving appropriate discipline, supervision or termination. These individuals may have had a history that indicates a propensity for workplace violence, such as a criminal record that was overlooked during a background check, which could invite even more liability to your organization.

Under North Carolina law, an employer who knew, or should have known, of an applicant’s or employee’s dangerous or offensive characteristics may be held liable for the damages that the employee causes. If a reasonable investigation of the employee’s past would have revealed the potential problems, liability is possible.

People lie during job interviews. They make up claims of educational attendance and achievements on their resume, such as the Harvard student accused of making up facts. Saying you were not aware of such falsehoods will not cover you from facing legal charges if pursued by a plaintiff harmed by an employee.

Effective background checking practices are essential in determining whether your potential employee is telling the truth about his or her education, work history and possible criminal history. For more details about why you need this to avoid liability and how CAI can assist you with running proper background checks, please visit our website.

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