On October 29, 1999, the Tenth Circuit Court of Appeals published an opinion that demonstrates why selection of an arbitrator and proper drafting of employment policies and agreements are so very important for employers. In the case of Kennecott Utah Copper Corporation vs. Becker, the Court explained in no uncertain terms just how powerful an […]

A federal district court has ruled that a fire protection contractor could not successfully claim that a prime contractor breached the subcontract by permitting out-of-sequence work, under circumstances where the subcontract was entered into before the prime contractor developed or published a schedule for the project. The subcontract at issue required the subcontractor to coordinate […]

Revised standards for training forklift operators in the construction industry were published by OSHA in November 1998, ending nearly a decade of work on more detailed training requirements. With an effective date of March 1, 1999, the new standards require compliance by December 1, 1999 for forklift operators hired prior to December 1, 1999, and […]

In an October 29, 1998 ruling, the Tenth Circuit Court of Appeals let stand a non-disabled job applicant’s lawsuit against a prospective employer under the ADA based on two medical history questions in the employer’s job application. The Court ruled that the questions violated the ADA, and that the applicant had a claim against the […]

The Eighth Circuit Court of Appeals recently upheld a Fair Labor Standards Act ruling by the United States District Court for the Western District of Missouri, requiring a contractor to pay its hourly foreman for the time spent by the foremen at the contractor’s shop before and after their regular work at the job site, […]