Wal-Mart loses Minnesota state wage-hour lawsuit

In a recent lawsuit (Braun v Wal-Mart, Inc.), a Minnesota trial court ruled that Wal-Mart violated state law for failure to provide rest breaks and requiring employees to work “off the clock”. The court has already granted $6.5 million in compensatory damages to approximately 56,000 employees.  The court found that Wal-Mart’s failure to compensate their employees was “willful” and fines of $1,000 per violation may be imposed through Minnesota state law. With a finding by the state that Wal-Mart broke the law more than two million times, Wal-Mart could be looking at state fines exceeding $2 billion.  

Wal-Mart currently has more than 70 wage-hour suits pending.

New program in Alabama gives state employees the opportunity to be humiliated at work.

The new program that has caused some questions will be brought to 37,527 state employees and cause at-work weigh-ins and fat tests. If an employee weighs over the “normal “BMI then they will be given two choices: either pay up or slim down. The cost for not sliming down? $25 extra a month for health insurance. If you think slimming down would be the right approach then you will need a get a check up at an “in-office wellness center, where nurses will check for diabetes and hypertension and measure blood pressure, cholesterol, glucose levels and Body Mass Index (BMI)”. Since Alabama is the leading state with both high insurance cost and obesity they are trying to resolve both in one program. Does Alabama think you’re fat? Take this humiliation-free BMI test online. The program will begin in 2010. Alabama already charges a $25 a month fee to smokers.

Source:
FoxNews September 2, 2008

Arc flash explosions: What are they? How can you prevent them? Tips

What is arc flash? It is a voltage breakdown of the resistance of air resulting in an arc which can occur where there is sufficient voltage in an electrical system and a path to ground or lower voltage.

Why it is hazardous? In an arc flash incident, an enormous amount of concentrated radiant energy explodes outward from electrical equipment creating pressure waves that can damage your hearing, knock you off a ladder, and collapse lungs. The pressure waves can also send loose material like pieces of damaged object flying through the air at excess speeds. A high intensity flash that can damage can also occur which will damage your eye site.

What cause arc flash? Occurs when electrical current flows between two or more separated energized conducting surfaces. Common causes could be insulation failure, buildup of dust, equipment failure, human error.

What is your risk to being exposed to arc flash? Exposure depends on number of times workers perform a task involving exposed live equipment, training, skills, tools used.

How can you prevent arc flash injuries? Make sure employees de-energize equipment before working. Employees should not work on live equipment greater than 50 volts. Always follow safe work practices, wear appropriate clothing and use proper tools.

Source:
http://www.electricalreliability.com/

And

Safety Daily Advisor Friday October 17, 2008

Topic-Training

Let’s face it, litigation is a fact we all have to deal with.  And, if you are a business owner, chances are even greater that at some point in your career you will be directly impacted.  Lora Manternach, Benefits Administrator for StaffScapes, Inc. recently attended a legal updates seminar presented by Fisher & Phillips, LLP.  Here’s a few key statistics that they shared that you need to know:
 
1.    Lawsuits are up almost 400% over the past 20 years
2.    Most common target for lawsuits is private employers with 5-100 employees
3.    In federal court, 67% of all awards exceed $100,000 with the average compensatory damages awarded at almost $500,000

One large area of litigation centers around EEOC (Equal Employment Opportunity Commission) claims.  As expected, filings have increased and in fact set a record high of 95,402 in 2008.  This marked a 15.2 % increase from the year before.  The response is that the EEOC has become more aggressive aided by a $23 million dollar budget increase.  After hiring an additional 300 employees, the EEOC has collected $274 million, filed 290 “merit” lawsuits, focused additional attention to class actions and systemic violations and worked to change enforcement policies.

What’s the best way to mitigate potential claims?  We recommend establishing policies and procedures and/or making sure current handbooks are up to date.  Keeping consistent is key in how you deal with daily operational situations.  For further assistance, please contact StaffScapes, Inc. at 303-466-7864 or info@StaffScapes.com.

Tis the Season!  And with the Season, we often find ourselves a little extra stressed out.  Be it from the inability to find the perfect gift or the extra workload to close out the year, we can all use just a little break.  So, with that in mind we wanted to offer a little holiday cheer.  So, we’ve taken the team Santa has assembled and compared it to the personality types we often find working with us on our teams.  Can you pick out your Prancer?

Dasher – The fastest reindeer in the bunch.  He leads the pack and is considered the “go to” guy.  Your Dasher is probably the first to arrive at work and the last to leave. 
 

Dancer – Elegant and graceful, even in high pressure situations, Dancer  can be counted on to smooth over any difficult situation.  The Dancer on your team is most likely your spokesperson and the person you turn to to diffuse a potentially volatile situation.
 

Prancer – Have you ever seen a Buck in its herd?  Standing tall and very proud, he is a picture of strength and holds the team together.  He is the glue and within a quality organization will often be the team leader or manager.
 

Vixen – The name says it all.  This popular reindeer has quite the personality and has the enviable ability to appeal to all groups of people.  Everyone likes Vixen.  She is the one that can get you to agree to plan the company softball tournament even when you hate sports.
 

Comet – Like the planet, Comet has a quiet strength and is dependable, but is often found in the background.  He is only around others for a short time.  He  shines when near his power source then disappears just as quickly as he appeared. Comet knows what his job is, gets it done and moves on.  Your Comet is probably in a back office and forgotten about until the Seventh inning stretch when his skills are critical to the success of the operation.  
 

Cupid – Who doesn’t love a little Cupid?  Always sweet, full of love and kindness, Cupid makes even the most difficult hours of delivering gift after gift an enjoyable activity.  You’ll find this person giving out motivational quotes, sending a note just to say hello and looking out for the well-being of everyone on the team. 
 

Donder – It takes a lot to impress Donder or change his mind.  He has a goal in mind and nothing or no one can derail his progress.  He doesn’t need nor does he want “fluff or fun.”  Just get the task done and move on.  This Type A personality is obvious in the co-worker who resists change and isn’t always up for team activities.
 

Blitzen – Blitzen concentrates on the goal.  He breaks through all obstacles and oppositions with power and speed.  Nothing will block him from the task at hand.  The Blitzen on your team is most likely your best negotiator.
 

Rudolph – Impressionable and looking for support, Rudolph is the youngest and most innocent of all.  But when asked to step up, he is always willing to take the reins and get the team where they need to go.  Perhaps your intern, mold and shape them with great leadership and this person will grow to one day be your Dasher or Dancer.