Legal Resources for
 
Labor and Employment Law

 

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Serving the community for over 70 years with a full range of legal services.
The largest law firm in eastern Connecticut.
 
 
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The Americans with Disability Act, the Family and Medical Leave Act, and Workers' Compensation

The Bermuda Triangle. 
We all know this is as an area in the Atlantic Ocean in which an unusually high number of ships and planes have disappeared.  Because the interplay of three major employment laws -- the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and Workers' Compensation - is so complicated and fraught with problems, many HR professionals often refer to these three laws as the Bermuda Triangle of Employment Law (or the three-headed monster).  It is essential for management and human resources staff to understand the interplay of these laws to ensure legal compliance as well as to provide employees with the benefits and protections each law provides.

When employees need time off because of a medical or disability-related issue, it is important to remember that they may have rights under all of these laws at the same time. In certain circumstances, provisions of the ADA, the FMLA and Workers' Compensation laws can apply to the same employee, and employers may find understanding their responsibilities a challenge. For example, a workers' compensation injury that requires hospitalization or incapacitates an employee for more than three days and requires continuing treatment by a healthcare provider generally qualifies as a serious health condition under the FMLA. If the injury causes a permanent mental or physical impairment that substantially limits a major life activity, that same employee could be entitled to additional leave as a reasonable accommodation under the ADA. 
 
 

Occupational Safety & Health Administration's Top 10

Violations for Fisal Year 2011.  OSHA released its top 10 violations for fiscal year 2011 (this list covers October 1, 2010 to September 30, 2011). The list includes a mix of general industry and construction standards:

1. Construction fall protection (7,139 violations). The Bureau of Labor Statistics (BLS) says 260 workers died in fiscal year 2010 due to violations of this standard.

2. Construction scaffolding (7,069 violations). BLS says in FY 2010, 37 workers died because of incidents involving faulty scaffolding.

3. Hazard communication (6,538 violations). In one fatal incident involving hazard communication, an employee lit a lighter to see the level of material inside a barrel, and the substance ignited. Proper labeling should have indicated how full the barrel was and that the material inside was combustible.

4. Respiratory protection (3,944 violations). Five million workers in the U.S. are covered under this respiratory standard and are required to wear respirators at their jobs.
 
5. Lockout/tagout ("LOTO") (3,639 violations). This refers to safeguarding employees from the unexpected energization or startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities. The average days away from work for employees injured in incidents connected to this standard is 24.
 
6. Electrical wiring methods (3,584 violations). Employees affected by this standard range from engineers, electricians, and other professionals who work with electricity directly, to office workers and administrative staff who use any type of electrical equipment.

7. Powered industrial trucks (3,432 violations). BLS says in FY 2010, there were 8,410 injuries connected to use of powered industrial trucks, such as forklifts.

8. Ladders in construction (3,244 violations). Falls are consistently one of the top three causes of worker fatalities.

9. Electrical general requirements (2,863 violations). Injuries and deaths from electric shock, fires and explosions.

10. Machine guarding (2,748 violations). Covers anchoring of equipment.


About Our Law Firm
  

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Since Charles Suisman, Max Shapiro and Louis Wool established themselves as skilled eastern Connecticut attorneys in the 1930's and collaborated in the 1950's to form our firm, we have been protecting the interests of average citizens. As our firm has grown, our attorneys have continued to offer innovative, effective solutions for legal problems. Residents and businesses in Connecticut have responded - Suisman Shapiro is now the largest law firm in eastern Connecticut.

Even when Mr. Suisman was joined by partners Max Shapiro and Louis Wool in the 1950's, a general practice attorney could still handle most matters capably. Since then the law has changed. In order to offer comprehensive and effective counsel for today's more complex legal environment, each of our attorneys now focuses on specific practice areas.

Suisman Shapiro continues its tradition of giving back to southeastern Connecticut and participates in many community programs such as scholarships, fundraisers, sponsorships and donations. 

The Suisman Shapiro offices are located at 2 Union Plaza, just down the street from the Courthouse in New London, CT  06320. 
 
Visit Our Website at:  
 
 www.suismanshapiro.com 
 
Or Call:
 
860.442.4416 
 
 
Chamber Regional Benefactor Revised


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Our entire firm joins in sending Holiday Greetings with every good wish for the New Year!

 

PLEASE NOTE:  This newsletter is intended to provide general information only.  It is not intended as legal advice or as a solution to an individual problem.  You are encouraged to consult with appropriate legal counsel prior to relying on this document in part or in whole.