The incident has several angles to it, only one of which relates to the Internet, which the plaintiff claimed led to her dismissal in a work-related dispute. Hours after a supervisor at American Medical Response of Connecticut Inc. had relayed a customer complaint to her, Dawnmarie Souza went to Facebook at home and disparaged the supervisor in no-uncertain terms. She was fired afterwards.

The Facebook tirade followed a disciplinary sessions at work at which the complainant claims she was denied union representation.

The NLRB later maintained that her Facebook commentary was protected speech under provisions of the National Labor Relations Act (NLRA), though critics were quick to point out that it was not done as part of any work-related organizing activity or communal discussion.

In a press release, the NLRB explained the settlement in this way:

Under the terms of the settlement approved today by Hartford Regional Director Jonathan Kreisberg, the company agreed to revise its overly-broad rules to ensure that they do not improperly restrict employees from discussing their wages, hours and working conditions with co-workers and others while not at work, and that they would not discipline or discharge employees for engaging in such discussions.

The company also promised that employee requests for union representation will not be denied in the future and that employees will not be threatened with discipline for requesting union representation. The allegations involving the employee’s discharge were resolved through a separate, private agreement between the employee and the company.

Again, this does not throw open the Web and its social media as resources for employees to vent and disparage, but it adds a new twist to what is protected speech under the NLRA. The courts will no doubt spend the next few years sorting this out.

While at the same time the NLRB mulls a new regulation to require all companies to post details about employee rights under the NLRA, those companies that currently enjoy federal contracts do face a similar requirement. to inform their employees of their various rights. This can be easily accomplished by acquiring and posting Personnel Concepts' All-On-One Federal Contracts Poster.

In 2009, OSHA announced a "National Emphasis Program on Recordkeeping" that specifically targeted firms that are thought to have incorrectly reported workplace-related injuries and illnesses. The goal was and is to improve reporting accuracy through better enforcement. In the past few weeks, however, OSHA announced it is expanding its industry scope but still focusing mainly on manufacturers.

OSHA relies on data it has collected from 2008 and 2009 to pinpoint firms whose reported rates fall below their industry’s standard rate.

Workplace illnesses and injuries are reported each year to OSHA on its form called the Log 300.

Personnel Concepts’ Injury and Illness Prevention Program not only enables you to keep accurate records and submit correct forms to OSHA, but it also provides a step-by-step guide on how to create a workplace safety plan to prevent accidents and injuries. It’s a best-seller, and it’s proven indispensable to thousands of users.

Vermont’s Department of Labor announced it will increase that state’s minimum wage from $8.06 to $8.15 based on an annual inflation rate of 1.1 percent as calculated in August.

Washington’s Department of Labor and Industries pegged its yearly inflation rate at 1.4 percent and will thus raise the state’s minimum wage from $8.55 to $8.67 next Jan. 1.

States that peg their minimum wage rates to the Consumer Price Index (CPI) for their regions will continue to announce minimum wage changes in the coming weeks.

You can rest assured that Personnel Concepts updates all its Space Saver-1 All-On-One State and Federal Labor Law posters as changes such as minimum wage rates occur. In addition, update subscribers will receive new panels in the mail to bring their existing posters into compliance whenever state or federal components on the posters change.

In 2006, Arizona voters enacted the “Raise the Minimum Wage for Working Arizonans Act.” This law provides for annual minimum wage rate hikes based on increases in the cost of living. The cost of living is based on the federal Consumer Price Index (CPI) for All Urban Consumers, U.S. City Average.

The Industrial Commission of Arizona is charged with determining the increases.

The state has not yet issued a revised minimum wage poster, but when it does, each Personnel Concepts update subscriber will receive the new panel in the mail. The Space Saver-1 All-On-One Arizona State and Federal Labor Law Poster will also be updated to reflect the newly mandated poster.

The poster is mandatory and must be displayed in both English and Spanish if there are Spanish as well as English speakers at the work site.

The poster has been revised due to changes in the workers’ compensation laws in California regarding Medical Provider Networks and the information provided employees regarding the program.

Personnel Concepts has already updated its Space Saver-1 All-On-One California State and Federal Labor Law Poster package to reflect the revision. Update subscribers are being provided with updated workers’ comp panels. Others should call Customer Service at (800) 333-3795 to inquire about procuring one.

The Office of the Attorney General is in charge of enforcing this new legal provision, but it so far has offered no guidance of how to comply with the law.

No matter where your company is located, Personnel Concepts offers a comprehensive Human Resources Tools section on its Web site to help you with your compliance with labor laws. Visit there today.

The EFAME (Enhanced Federal Annual Monitoring and Evaluation) reports provide details of the problems and cover fiscal year 2009. Most problems are minor instances where the states fail to keep records as they should or haven’t updated their regulations in a timely manner.

The issue of Nevada aside, New Mexico came out with a stellar review while Hawaii was found to be somewhat lacking in funds and resources. OSHA officials say they are working with the Hawaii "governor’s office" to address the deficiencies. The report was critical of HIOSH (Hawaii OSH) for both long delays in investigating complaints and for the overall declining number of investigations conducted statewide.

"Our goal is to identify problems in state-run programs before they result in serious injuries or fatalities," OSHA Administrator David Michaels said. "While we found many positives in the state programs, we also found deficiencies including concerns about identification of hazards, proper classification of violations, proposed penalty levels, and failure to follow up on violations to ensure that workplace safety and health problems are corrected."

Employers, stay in compliance with all OSHA rules and regulations and stay fine free. Visit Personnel Concepts’ OSHA Programs and Kits section on our Web site for invaluable tools to help you remain in compliance.

More than one-third of the participating companies reported facing claims based on wage-and-hour disputes in 2010. As a result, more than half of all those surveyed said they were increasing their efforts (and budgets) to comply with prevailing wage laws based on the Fair Labor Standards Act (FLSA).

Much of the increased claims activity can be attributed to a newly invigorated Department of Labor (DOL), which has been on an investigator hiring spree to combat what the agency calls "wage theft," and to the easy mark that many companies pose due to insufficient or inefficient bookkeeping, along with sometimes outright ignorance of or disregard for overtime laws.

Employers, don’t get caught up in wage-and-hour hassles, much less legal entanglements. Be sure to comply with FLSA minimum wage and overtime laws. Get your copy today of Personnel Concepts’ FLSA Overtime Rules Compliance Kit and keep both the DOL investigators and employee claims at bay.

Dogs and miniature horses individually trained to mitigate the effects of a disability are now the only animals that qualify as service animals.

The rules also now require entities to allow individuals with disabilities to use Segways wherever pedestrians and wheelchairs are permitted, unless it would fundamentally alter the entity’s services or pose a threat to safety.

At the same time, Justice announced its intentions to regulate the Web, 911 services and movie captioning to make them more accessible to disabled individuals. Though it gave no date for publication, the department issued an Advanced Notice of Proposed Rulemaking (ANPRM) concerning the new regulations. It also opened a public commentary period.

Entities that accept federal funding have long been required to make their Web sites accessible to the handicapped under Section 508 of the 1974 Rehabilitation Act; now the new rules will extend some form of those standards to all Web sites.

New rules implementing the ADA’s Title I employment provisions were also expected from the U.S. Equal Employment Opportunity Commission (EEOC) this month but have been delayed.

Personnel Concepts will continue to monitor developments concerning the implementation of the ADA and keep you advised here and on the parent Web site, PersonnelConcepts.com.

Please visit our Web section on Harassment and Discrimination for our array of fine products for implementing the ADA and other such laws.