Archives

Amid Criticism, Labor Withdraws Plan to Limit When Children May Work on Farms

The U.S. Department of Labor is abandoning its plan to limit when children under the age of 16 can work on farms. The plan, proposed in the fall, limited the Fair Labor Standards Act’s “parental exemption” and was intended to help reduce farm-related accidents. Introducing the now-defunct proposal, DOL officials said they were responding to […]

How To Craft Airtight Arbitration Agreements

Yesterday, we looked at a recent California court case that highlighted the various factors you need to think about when you draft your arbitration agreements—as well as how you present them to employees. Today, some tips for success.

Don’t Be An %#*hole!

A colleague recently suggested I read the book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t. Maybe I should have asked what his motives were in suggesting that I read this particular book. I didn’t. Some things you just don’t want to know! The book was a New York Times […]

Unwanted Scrutiny: Feds Investigate Self-funded Health Plans and Stop-loss

The federal government seems to be fishing around for evidence showing that self-insured health health plans will siphon off healthy lives from state-run insurance exchanges (a cornerstone of reform). On April 26, the U.S. Departments of Labor (DOL), Health and Human Services (HHS) and IRS/Treasury issued a set of questions about the use of stop-loss […]

Inflated Ratings Bring Legal Woes—Guaranteed

Yesterday’s Advisor featured the Four Ms of setting good appraisal goals; today, legal pitfalls in appraisals, plus an introduction to a unique leadership training system. Because poor performance is often advanced as the reason for a termination, the performance appraisal system is often the crux of the defense against a wrongful termination suit. Here’s how […]

Background Check

EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment

The Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information. The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making employment decisions could violate the […]

IBM Appeals Wrongful Dismissal Decision; Case Raises Question of Double Recovery

By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]