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Health Care Reform and Workers’ Compensation

by Donald M. Harrison Will health care reform affect workers’ comp? Even though the term “workers’ compensation” isn’t mentioned in the bill, I anticipate both direct and indirect effects on workers’ comp. Most of the consequences are unknown at this time and may not be known for several years, but two direct results are already […]

Was Termination Because of Poor Performance or Age Discrimination?

by Isabella Lee The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case […]

‘Back in the Lobby’ Article Draws Reader Fire

By Steve Bruce, Editor, HR Daily Advisor Just My E-Pinion Our headline in a recent issue of HR Daily Advisor—"He’s back … in the lobby … with a gun"—was calculated to attract attention; that’s what headlines do. But not the kind of attention we attracted. A number of readers were upset by the headline and […]

Supreme Court Rules for Employer in Benefits Case

By David R. Godofsky Yesterday’s U.S. Supreme Court ruling in Conkright v. Frommert rejects the “one-strike-and-you’re-out” rule, awarding a home run to Xerox as sponsor of a defined benefit pension plan. The Conkright case arose when Frommert and other employees brought a claim for benefits. The employees contended that the method Xerox used to compute […]

Key to Successful Flex, Telework Programs

Our headline in a recent issue of HR Daily Advisor—"He’s back … in the lobby … with a gun"—was calculated to attract attention; that’s what headlines do. But not the kind of attention we attracted. A number of readers were upset by the headline and wrote to tell us so. The headline was taken from […]

Recordkeeping: How long to hold on?

Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the ideal place to discover that records are inadequate, incomplete, or nonexistent.

Rework

Employment law attorney Michael Maslanka reviews Jason Fried and David Heinemeier Hansson’s book Rework, finding that the authors offer valuable lessons for changing the way your organization works. Rework by Jason Fried and David Heinemeier Hansson is a fascinating book. It consists of around 100 chapters, each two or three pages long, with some cool […]

Flex Perks: Waste or Path to Profits?

Flextime, telework, and other perks: Are they feel-good frippery or the path to profits? In today’s Advisor, we’ll take a look at two companies that have reaped substantial rewards from employee-based thinking and flexible scheduling. First, let’s take a look at Robert W. Baird & Company, an employee-owned, international wealth management, capital markets, private equity, […]

Employee Fired for Disseminating Inappropriate E-mail at Work

By Alix Herber While many employees are allowed to access and use the Internet and e-mail on company computers for “limited” personal use, it’s not uncommon for them to misuse this privilege. In Poliquin v. Devon Canada Corporation, the Alberta Court of Appeal was asked whether an employee could be fired for cause because he […]

Boot Camp for HR Managers Bugged by FMLA

In yesterday’s Advisor, we covered the first two legs of FMLA eligibility. Today we address the third leg, FMLA and substance abuse, and provide notice of a unique FMLA Boot Camp webinar. Once employees have meet the 12 months and 1,250 hours requirements [go here for that discussion], FMLA also requires that they work at […]