HR/Employment blogosphere update for May 23, 2005

A nice variety for your reading pleasure this week. Sorry it didn’t get out by 9:00 AM Monday.

Employment Discrimination

All Deliberate Speed updates us on the case of the Harrah’s casino employee who sued over being required to wear makeup, claiming it was sex discrimination. The Ninth Circuit panel decision is being reheard en banc. Michael Fox (Jottings by an Employer’s Lawyer) notes he predicted this — and also predicted the case would wind up at the Supreme Court.

Traditional Labor Law

Arbitration Blog writes about Boys Market injunctions — which are now such an arcane subject that the lawyers and judge in the case he reports on apparently got the very basics wrong. This is an issue that arises only if a union violates the no-strike clause of a collective-bargaining agreement — something that simply doesn’t occur all that often these days. I believe this is an area in which federal labor law has truly succeeded in bringing much greater stability than in the bad old days.

Nontraditional Working Arrangements

Workers Comp Insider writes more on the Fed Ex drivers’ independent contractor status here and here, eating a bit of crow (”with Texas hot sauce”) on the subject here.

One thing for sure: independent contracting, consulting, joint employment and other nontraditional business-worker arrangements will continue to grow in popularity, continuing to raise new legal controversies.

In the end, many efforts to use such arrangements to avoid liability will probably not have that effect; but many other benefits will still justify their use.

Those who try to cleverly exploit what they see as loopholes like independent contractor status may regret it; those who innovatively see the benefits of true independence for both sides will gain.

(And I’ve no opinion on where FedEx is on all this. I’ll comment on that if and when a court opinion comes out. Properly done, use of independent owner-operator drivers is a time-tested part of the transportation business.)

The Future of Work Weblog continues its excellent coverage of developing working alternatives with observations about China becoming an America-like car culture, and suggestions about the benefits of minimizing this over there by “leapfrog[ging] other parts of the world and mak[ing] a national commitment to supporting distributed work in all its forms”

The Future of Work Weblog also writes about a trend in Britain of converting toolsheds and other outbuildings to home offices. The linked article has some must-see photos for fans of home renovation and such.

Hmm . . . I had entertained thoughts about making a home office of my declining brick two-car garage that I don’t put cars in anyway . . . maybe I should go for it. Would a fully improved space of that size add more to my home’s value than loss of a two car garage would detract?

Health Care Mess

Workers Comp Insider has a great bit here about connections between workers comp costs and lack of regular medical insurance. Great scenario discussed.

Catherine at CathColl.net writes about interesting research showing that “employers — recognizing that obese workers are likely to have higher medical costs — compensate with lower pay for them.” She adds the type of thoughtful value-added remarks, including a personal perspective, that one expects from a fine blogger.

Negligent Hiring or Supervision

Workers Comp Insider has two posts I see as connected by a theme of employer liability to third parties for negligence in hiring and managing employees, a growing area of concern for employers.

Strategic HR Lawyer weighs in on the subject here, riffing off of Workers Comp Insider.

Preventive measures: background checking for more jobs and not sending drunk employees home in their own vehicles!