LEGAL TRENDS Perhaps the first trend we should consider is the evolving requirements of the HR Manager's position. Years ago the preferred degree was Industrial Psychology. More recently the MBA has been valued and most recently we are seeing more JD's enter HR. Laws are changing to reflect changes in society and case law creates precedents we all must understand and then take action to adjust our HR policies, procedures and employee handbooks. Litigation avoidance is often a key selling point as we are presenting our next operating budget. Are you up to date on the latest issues and legislation? For example: - FLSA (Are you in compliance with the changes effective August, 2004?) - Sarbanes Oxley (How does it impact your company?) - Employee Records Confidentiality (Are you shredding before destroying?) - E-mail and Blogs (Is your computer/internet policy up to date?) - Personality and Integrity Testing; MMPI Candidates Evaluation for New Hires and Promotion (Do you know what is lawful and unlawful to administer under ADA?) - Patient Safety and Quality Improvement Act (Do you need to take measures to be in compliance?) We hope you find this month's articles helpful in your work. Please call on us if you would like to discuss any legal trend challenges. You may also want to attend the September 21st Legal Update dinner meeting of the Buffalo Niagara Human Resource Association (To register, please visit: https://www.bnhra.org/ems /regengine/index.php) There will be three breakout sessions to choose from: If You Haven't Seen This One Yet, You Probably Will Employee Termination Case Studies presented by John J. Christopher, Esq. Hodgson Russ, LLP Alphabet Soup FMLA, FLSA, ADA, EEOC, OFCCP presented by Melissa A. Fingar, Esq. Harris Beach, PLLC Employee Benefit Plans "New Developments in 2005" presented by M. Rogan Morton, Esq. Schroder, Joseph & Associates, LLP For more information, contact E. K. Ward & Associates at 716-626-1188 or please click here.

OI Partners - E.K. Ward and Associates  August 2005 Newsletter Legal compliance is a requirement for doing business effectively and with integrity. Though reading through mountains of legal briefs to understand HR laws may not be a favorite past time, it is still important to stay current on these laws. The August newsletter is presented to shed legal light on some of today's pressing HR issues including COBRA, identity theft in the workplace, employee blogs, wooing competitors' employees and harassment training. The articles are important in setting direction for how we can best serve our employees and the company.  Avoid legal entanglements; stay informed! Have a great vacation season, Anne Mahoney Glose OI Partners (Williamsville, NY) Please click on the links below to read the complete articles. Beware Bashing Bloggers A heavy-handed approach to off-duty blogging invites legal and employee relations problems. Diane is a stellar employee who works very hard during the day; she loves to blog at night. That is, she has created a web log -- "blog" -- in which she airs her strong political views. Greg also is an excellent employee. He too blogs at night, not expressing political opinions, but rather venting ? COBRA: A Law with Bite The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) is a federal law which provides all qualified beneficiaries with the option to elect to continue group insurance coverage under group insurance rates following the loss of coverage because of certain events. This article provides a general summary of who is eligible for COBRA continuation coverage, which employers are covered by COBRA, the notices COBRA requires, the penalties that courts may impose for failing to comply with COBRA and where to go for more information regarding COBRA. Identity Theft: Employers Beware An employer's records are a gold mine for identity thieves. According to the Federal Trade Commission, nearly 10 million people fall victim to identity theft each year, costing consumers $5 billion in out-of-pocket losses and businesses $48 billion. Prompted by mounting concerns about identity theft, a new law went into effect on June 1, 2005, imposing strict requirements for the disposal of certain employee records. Strings Attached Learn how to reel in your competitors' employees without entangling your company in legal liability. Virtually every employer recognizes that a good hiring program is designed not only to attract talent but also to weed out those applicants who, if hired, could cause harm to the company. (For instance, you don't want your new controller to recently have been convicted of grand larceny.) What ... Heading Off Harassment Effective training is critical to limiting legal exposure for workplace harassment. Despite increased attention paid to harassment prevention in the business world, claims of workplace harassment have remained relatively steady and jury awards have been quite high. It is critical that management knows the ins and outs of proper harassment training. Your employer's commitment to harassment. . . Click Here to subscribe to or unsubscribe from this newsletter To learn more about OI Partners, please click here.

E. K. Ward and Associates, Inc.
Anne Mahoney Glose
VP, Principal
4455 Transit Road, Suite 3B
Williamsville, NY 14221
(716) 626-1188
Enquiries: aglose@ekward.com

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