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National Employment Law Trends

Last year is ended on a high note, at least in terms of one economic indicator: the nation’s unemployment rate fell to 8.5 percent in December. Despite that good news, many states are still experiencing record unemployment; this rampant unemployment was the number one issue addressed by state legislatures this past year. Here is a […]

Another Gong Sounds for the End to Mandatory Retirement

By Ralph N. Nero and Keri L. Bennett Following the earlier lead of many Canadian provinces, the federal government has now outlawed mandatory retirement for federally regulated employers such as banks, telecommunications companies, airlines, and railways. Like many provincial governments have done, the federal government has repealed provisions under the Canadian Human Rights Act that […]

A Flush and a Fluke

Litigation Value:  Dwight manhandling Gabe = a pricey negligent retention/supervision lawsuit; Andy trying to convince Oscar to cook the sales books = $700 for an expedited severance agreement and release in full for Andy; Kevin and the Einsteins claiming all the glory at trivia = one priceless fluke. What happens when an office is $800 short of […]

Star Performer Benefited Most from Being Fired

Today’s epinion comes from business and leadership blogger Dan Oswald (CEO of BLR) in a recent edition of The Oswald Letter. It might seem surprising, says Oswald, for a college football player to say being kicked off the team was the best thing a coach ever did for him—it wasn’t receiving a scholarship, which provided […]

HR Employment Law Resolutions for 2012

The new year is off and running, but it’s not too late for human resources professionals to make a few employment law-related resolutions that should make their lives easier in 2012. Sexual harassment policies Boyd Byers a partner with Foulston Siefkin LLP in Wichita, Kansas, says attention to sexual harassment policies should top the list […]

Star Performer Benefited Most from Being Fired

By Stephen D. Bruce, PHR Editor, HR Daily Advisor In the book Bear Bryant On Leadership: Life Lessons from a Six-Time National Championship Coach , one of the legendary football coach’s former players says, “The best thing Coach Bryant did for me was kick me off the team.” Today’s epinion comes from business and leadership […]

9 Flexible-Benefit Guidance Challenges to Watch Out for in 2012

By Rich Glass. The IRS is hitting the ground running. Just a few days into 2012, we received Notice 2012-09, which addresses reporting health care coverage costs on Forms W-2. Following are a nine more things that Glass says we can expect from the federal government this year. Affordable Care Act (ACA), Part I: Health […]

Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA

Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]

Supreme Court Unanimously Upholds Church Firing of Teacher/Minister

In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial […]