Epilepsy Foundation Decision Struck Down [more...]

Few Civil Suits Go to Trial [more...]

Natural Ways to Repel Mosquitoes [more...]

Bad Credit Report Can Ruin Job Opportunity [more...]

Cool Tools [more...]

Keep Important Papers Safe [more...]

On June 9, 2004, in a landmark 3-2 decision, the National Labor Relations Board ruled that employees who work in a nonunionized workplace are not entitled under Section 7 of the National Labor Relations Act to have a coworker accompany them during a workplace investigatory interview (see IBM and Kenneth Paul Schult, et al.). After a long awaited reexamination of the rationale of the Epilepsy Foundation decision, 331 NLRB 676 (2000), the NLRB returned to the earlier precedent of DuPont, which holds that Weingarten, 420 U.S. 251 (1975), rights do not apply in a nonunion setting even if affected employees reasonably believe that an investigatory interview might result in their discipline. The majority noted that because of both real and threatened terrorist attacks, the position expressed in the 1988 DuPont decision have taken on a new vitality. Moreover, the Board properly concluded that "coworkers, unlike union representatives do not represent the interests of the entire workforce; cannot redress the perceived imbalance of power between an employer and its employees; and cannot facilitate the interview process in the same way as a union representative. The Board also found that recent changes in the modern workplace "include ever-increasing requirements to conduct workplace investigations, as well as security concerns raised by incidents of national and workplace violence" support the employer's need to conduct a meaningful and unencumbered inquiry. Lastly, the Board also appeared to recognize that allowing a coworker to participate as witness could potentially compromise the privacy of some workers as well as the confidentiality of other information.

According to the Chubb 2004 Private Company Risk Survey, 26 percent of executives at privately held companies reported that their company had been sued by an employee or former employee, and 22 percent reported having an employee file a discrimination or harassment complaint with the EEOC in the past three years; however, fewer civil cases are going to trial than a decade ago. According to a new Justice Department study, about 97 percent of all civil cases are settled or dismissed without a trial. For the U.S., the number of cases tried in court fell from 22,451 in 1992 to 11,908 in 2001. Plaintiffs won 55 percent of the cases tried and received $4.4 billion in damages. More good news: The median jury trial award fell from approximately $65,000 in 1992 to just $37,000 in 2001.

Bad news: Medial malpractice damages jumped from $253,000 in 1992 to $431,000 in 2001. However, plaintiffs won less than one-third of all "med-mal" cases.

Epidemiologists call mosquitoes "vectors." Vectors are vehicles by which diseases are spread. Mosquitoes are particularly good vectors because they are fast breeders found in almost every climate and they are proficient flyers. Chemical protection is easy; however, many people do not like to use chemical repellants. Alternatively, try these methods to keep mosquitoes and other insect pests away:

• Eat foods that are rich in vitamin B-1 (thiamine). Foods rich in thiamine include sunflower seeds, Brazil nuts, and most fish. B-1 supplements of 25-50 milligrams taken three times a day also work.
• Grow marigolds inside and outside your home. You may find their peculiar odor unpleasant but mosquitoes cannot stand it.
• Do not wear cologne or perfume when working outdoors. Many manmade and natural fragrances, when combined with perspiration, attract biting insects.

Job-seekers sometimes cannot pay their bills, but few consider late payments when applying for a job. Employers are increasingly using credit reports as a tool to help determine an applicant's suitability for employment. The EEOC, however, has previously found that checking the credit of a job applicant is discriminatory. "It is our position that excluding people with poor credit may have a disparate impact on some minority groups and therefore may be discriminatory under civil rights law, but that is assessed on a case-by-case basis," says David Grinberg, an EEOC spokesperson. Some employers believe an applicant with a poor credit history and too much debt will be more likely to steal. Security experts tend to disagree. According to one security expert, "A person unable to pay their bills on time is not a security risk, one's character is better measure of whether they are inclined to steal."

But insurance companies do sometimes use credit histories to measure risk. Insurance giant USAA claims that there is a correlation between a person's good credit and the tendency to file fewer claims. USAA says it uses several factors to set premiums. For new members, USAA uses an insurance score that is based in part on credit information.

Best advice for employers: Seek the advice of a competent employment screening firm when establishing hiring criteria. Only use information that has a direct relationship on the applicant's ability to do the job for which they have applied.

Need a cool, yet inexpensive gift for friends or family this summer? Try making your own photo calendar. The boom in digital photography has given millions of people new ways to plaster their pictures and vacations on everything from coffee mugs to mouse pads. The process is easy. Users upload their images to one of several Web sites and select the item they want to create. To make a calendar, uploaded pictures can be sorted and sized. Photofinishing tools allow the user to add copy, backgrounds, and other effects. Images are then pasted into the desired calendar style and electronically sent to the printers for output and binding. While prices vary, a nice 81/2" x 11" 12-month color calendar of you and the kids can be had for about $20.00. To make your own calendar try one of these sites:

URL	Pros/Cons	Price	Comments
Shutterfly.com	Easy-to-use, lots of extras	$24.99	Best in Class
Ofoto.com	Nice product, but not Mac friendly	$24.00	Owned by Kodak
Snapfish.com	Fast, easy to use	$19.99	Nice, but no-frills site
WalMart.com	Many nice features but not robust	$17.96	Fast and cheap

Lost or destroyed personal records can be frustrating and expensive. Every year, thousands of Americans lose important documents to fire, theft, and natural disasters. Here are six things you can do to better protect your important papers:

1. Identify and inventory all important documents in your possession.
2. Make a copy of each document. Get certified copies of one-of-a-kind documents such as birth certificates and deeds.
3. Place each item into a resealable plastic bag. Use bags large enough to accommodate the item without folding it. Put each bag into an opaque envelope that has been appropriately labeled ORIGINAL. Doing so will protect the item against the aging affects of air and moisture, but also prevent the originals from accidentally slipping out of your possession.
4. Choose a single location to file the items, such as a fireproof home safe or safe-deposit box. If using a container that locks with a key, keep one key in a safe place in your home and another with a friend or your attorney.
5. Let the appropriate people know where you have stored your important documents and papers. Provide them instructions as to how to access them in an emergency.
6. Update your inventory periodically and physically examine that which you have stored away. Eliminate obsolete items and properly store new ones.