SUPREME COURT: EMPLOYEE'S COMPLAINT ABOUT EMPLOYER DOESN'T HAVE TO BE WRITTEN
The federal Fair Labor Standards Act forbids an employer from firing a worker because he filed a complaint accusing the employer of violating the law. It doesn't say whether the employee's complaint must be in writing. What if the worker complains verbally but never makes a written complaint? Does the FSLA's prohibition against firing him still apply? That was the question the U.S. Supreme Court faced in a case it decided in March 2011.
Kevin Kasten, following the instructions in the employee handbook, told his supervisor that the location of the company's time clocks might be illegal because it prevented workers from getting credit for the time they spent putting on and removing their protective work gear. (The FSLA requires employers to pay workers for this time.) Getting no response from his supervisor, he also complained to human resources staff and told them that he was contemplating a lawsuit. Eventually, the employer fired him. He claimed that he was fired for complaining about the location of the time clock; the company said it was because...
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Summer has officially begun, and I trust you had a safe and enjoyable Fourth of July. Whether you had friends and family over for a bbq, went for a hike, or hit the beach... Independence Day always brings with it the makings of some great memories.
One thing the folks of North Conway won't soon forget is this year's celebration in Schouler Park. After hours of family fun and relaxing to the sounds of various musical ensembles, the community settled in for the annual fireworks show. The display was slated to begin at 9:45. The band announced there was a slight delay, and they were going to play a couple of songs to fill the time. No problem - it's all good. Then another announcement at 10: "Just a bit longer, folks..." And another. And another.
I'm happy to say that - eventually - the crowd was treated to a beautiful fireworks display, accompanied by great tunes (really, is there anything better than watching a great fireworks show while listening to Lee Greenwood's "Proud to be an American"?)
The show finally started around 10:45, roughly an hour after it was SUPPOSED to begin. Children were tired and antsy, while grown up types were thinking about the fact that they had to get up and go to work in the morning. Some left and went home, tired of waiting. But for those who stuck around? It was worth the delay, and it certainly is a night that will be remembered.
My point is this: life is filled with the unexpected. Some surprises are good, while others leave us feeling frustrated. No one can predict the future with absolute certainty, but there are steps you can take to safeguard yourself and your business. We have years of experience in managing risk and can help you to build a hedge of protection around the life you've worked so hard to build. The peace that comes from the security of knowing you're covered brings freedom... and that's something worth celebrating.
Until next month,
David Mason, CIC
President
Mason & Mason Insurance Agency
M&M Assurance Group
P.S. We'd love for you to LIKE us on FACEBOOK! And don't forget to check out our website! We're at www.mmins.com. Just click the "Clients" tab at the top of the page and enter the site with username: "Client" and password: "INFO4U". Happy browsing! If you have any questions, give us a call at (800) 298-0802. We'd love to hear from you! |
SLASH WORKERS COMP LOSSES WITH PRE-EMPLOYMENT SCREENING
According to the U.S. Bureau of Labor Statistics, around a third of all workers' compensation claims are filed by employees only on the job for a year or less, with 13% being filed by an employee in their first three months of employment.
You can evaluate the statistics as they relate to your own company's claims by sorting your employees into two categories - those employed longer than one year and those employed less than a year. Once all your employees have been sorted into the two groups, you can determine the frequency of claims per 100 employees from each group. If a large section of your workforce is aging and working physically demanding jobs, then you might find that your long-term employee group may have more claims. However, most employers will find that it's their shorter-term employees that have the higher claim frequency. It's the lack of experience and training that's one of the main culprits behind... MORE...
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Don't Let Vendor Liabilities Become a Liability for You 
Most companies will need to undergo some remodeling, repairs, or possibly even an expansion at some point or another. Such work is most often outsourced to a vendor.
Before you hire a vendor to do work at your facility, you want to protect the financial security of your business and make sure that their liabilities don't suddenly become a liability for you. For example, you'd likely feel bad for all involved if a contract worker suffered an injury working on your project. However, you might not realize that you too could be involved. If that injured contractor wasn't insured, then it could involve an expensive lawsuit against your business. Such scenarios often prompt business owners to...
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Thank you for taking the time to read this month's newsletter! Remember, your feedback helps shape future issues. We value your input, so please...let us know what you think! Have a great month!
Sincerely,
David Mason, CIC
President
Mason and Mason Insurance
M&M Assurance Group |
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Mason & Mason Insurance M&M Assurance Group
458 South Avenue 3304 White Mountain Hwy
Whitman, MA 02382 North Conway, NH 03860
T (800) 759-1452 T (800) 298-0802
F (781) 447-2832 F (603) 356-9290
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