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Reemployment Rights of Returning Vets

USERRA Reemployment Rights In yesterday’s Advisor, we covered eligibility for military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA); today, the specifics of reemployment rights for returning vets, plus an introduction to BLR’s “audit-before-the-feds-do” program.In yesterday’s Advisor, we covered eligibility for military leave under the Uniformed Services Employment and Reemployment Rights Act […]

DOL proposes rulemaking to implement statutory amendments to FMLA

Secretary of Labor Hilda L. Solis  announced on Jan. 30 that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. The FMLA, […]

Enough is Enough: You Can’t Make Progress Without Action

They say to never talk about religion or politics, but I’m going to risk it today. The President gave his State of the Union speech last Tuesday night. I was at a dinner event and missed it. And, I’m sad to say, I really don’t care that I didn’t hear it. You see, I’m incredibly […]

Employers Beware: EEOC Making New Strategic Plan

The Equal Employment Opportunity Commission (EEOC) is seeking comment through February 1 on a four-year strategic plan, and it’s important for employers to know what that plan means to them. The draft of the 2012-2016 plan calls for the agency to: fight employment discrimination through law enforcement; prevent discrimination through education and outreach; and improve […]

Stay One Step Ahead of the Misclassification Police

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. The federal Department of Labor (DOL) is cracking down on classification, and that makes now an excellent time to evaluate your organization’s classification decisions.

Demotion Inappropriate Response to Poor Performance

By David T. McDonald “Cause” for termination is a difficult standard to meet in Canada. So what are your alternatives if you don’t have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods (2003) Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court has recently said a demotion may not be a proper […]

Welcome Home, Soldier: Your Obligations to Returning Troops and Their Families

Most every employer can expect to welcome returning veterans. Obligations (legal and moral) are many, and there won’t be any sympathy for employers who fail to honor their responsibilities. There are two primary laws that will come to bear, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the subject of this article, and Family […]

Some Friendly Advice

Litigation Value: Nada, Zero, Zilch. Interview Advice: Priceless. No “Office” last night, fellow Scrantonites! (Scrantonians?) I didn’t know what to do with myself all evening. And since we don’t have a new episode – or even a rerun – to discuss, I did what I do best and made a list. Top 10 Things NOT […]