Month: August 2013

No more human rights forum shopping?

By Lindsey Taylor A few weeks ago, we reported on the recent decision in Baker v. Navistar Canada Inc., which confirmed that unionized employees aren’t able to bring employment claims to court. Rather, these claims must be brought within the framework of the special legal relationship between the union and the employer, either by way […]

Infographic Explores BYOD Pros and Cons

A new infographic from Business & Legal Resources (BLR) examines an issue that is gaining momentum in workplaces throughout the United States—Bring Your Own Device, or BYOD. More and more employees own personal devices such as smartphones and tablets and employers are finding themselves faced with what to do when employees bring these devices to […]

Employee Who Left Drug Rehab Not Entitled to ADA, FMLA Protections

An employee who abused drugs and then failed to complete a rehabilitation program was not entitled to job protection by the Americans With Disabilities Act or the Family and Medical Leave Act, the 5th U.S. Circuit Court of Appeals ruled. ADA does not protect illegal drug users who are not seeking treatment, and FMLA does […]

Dr. Summeroff, Meet Dr. Winteroff and Dr. Deer (Readers Respond)

‘We Get Dr. Winteroff’ Steve, we often get Dr. Summeroff’s cousin, Dr. Winteroff to deal with. We have a sales group who often take leave immediately following a month when they have not met their sales goal because they know they will be placed on a performance plan when they have fallen short of their […]

UPS to Drop Dual-covered Spouses in 2014

United Parcel Service plans to remove thousands of spouses from its health plan because they are eligible for coverage elsewhere. The health care reform law requires large employers to offer coverage to employees and their dependents, but it does not require companies to cover spouses. Some 15,000 working spouses eligible for coverage at their own […]

Picture This! You Using Visuals Effectively in Training

Trainers have a tendency to avoid using pictures in training materials, but “all of the research on learning with pictures indicates that pictures used in combination with words create better learning,” says Jack Massa, owner of Guidance Communications, Inc. (www.guidancecom.com). Massa uses a broad definition of “pictures” to include “any visual that is meant to […]

EEO reporting: It’s time!

by Gary S. Fealk It is once again time for employers to report the demographics of their workforce to the Joint Reporting Committee of the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC). The report, which is commonly referred to as an EEO-1 report, typically must be filed between […]

Two Case Studies on USERRA—Who Wins?

In yesterday’s Advisor, Attorney Matthew Effland outlined the basic requirements of USERRA (Uniformed Services Employment and Reemployment Rights Act); today, two USERRA case studies plus an introduction to the guide many call the “FMLA Bible.” Case Study 1: John Falsifies Paperwork The facts: John is a supervisory employee at a delivery company and is a […]