Month: June 2011

Canadian Decisions Blur Distinction between Employees and Independent Contractors

By Ralph Nero and Keri Bennett Employers in Canada have typically understood employees and independent contractors to fall into distinct legal categories. However, recent court and labor board decisions indicate that the traditional definition of “employee” continues to expand. Ontario court interprets health and safety obligations In Ontario (Labour) v. United Independent Operators Limited, Ontario’s […]

What to Expect When Your Employee Is Expecting

Pregnancy—a special event, for sure, but a challenging one for the employee’s manager and for HR. Managers need to get it right from the start, and, by the way, guess what, you’re not getting the jury’s sympathy. In 1978, Congress passed the Pregnancy Discrimination Act (PDA), amending Title VII to prohibit employers from discriminating against […]

Civil Unions Available Now in Illinois, and Soon in Delaware

Employers in Illinois that have not done so may need to adjust their plan documents to reflect the new legality of civil unions in that state. Civil unions are legal in Illinois, Hawaii and New Jersey — and will be available in Delaware next year. The Illinois Religious Freedom Protection and Civil Union Act went […]

Shaking the Opportunity Tree

Sometimes You Need to Shake the Opportunity Tree

I ran into a good friend the other day at our kids’ baseball game. After the usual pleasantries, he said, “I’m glad you’re here, we really need to talk.” So we moved away from the rest of the crowd and he began to tell me about an incredible opportunity that he had been presented. His […]

A Faulty Wellness Program Can Make Your Pocketbook Sick

Your wellness program is going well, with happier and healthier employees. But then, an employee sues the company alleging that the wellness program violates his rights. So your employees are healthier, but your company’s pocketbook is not in the best of condition, as it puts out money for legal fees. Do not let this happen […]

I See Your Health Reform Study and Raise You Two

The White House felt it proper to refute McKinsey Co.’s health reform study (see yesterday’s post) finding that as many as 30 percent of employers will stop offering health insurance to their workers after reform takes full force in 2014. Deputy Chief of Staff Nancy-Anne DeParle cited three studies saying employers would continue covering workers unabated. […]

Bippity Boppity Give Darryl the Zoppity

Next on our list of possible candidates for Michael Scott’s recently vacated position is Darryl Philbin, also known as “Mittah Rogers” (but only by Michael). Darryl has come a long way since we first met him in Season 1 as he watched Dwight suddenly emerge from a box in the warehouse. Here’s my list of pros and cons for […]

DOL, IRS, Congress Want to ‘Help’ Workers Who Think They Are Misclassified as Independent Contractors

by Vaughn Burkholder and Tara Eberline What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent […]