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Supreme Court Recognizes 2 New Retaliation Claims

The U.S. Supreme Court has ruled in separate decisions that retaliation is prohibited under two federal discrimination statutes that don’t clearly say so — 42 U.S.C. § 1981 and the federal-sector provisions of the Age Discrimination in Employment Act (ADEA). CBOCS West, Inc. v. Humphries In the first case, a Cracker Barrel assistant manager sued […]

New Limits Placed on ‘Bad Faith’ Damages in Terminations

by Helen Gray McCarthy Tetrault A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.” While it’s an Ontario decision, it can be expected to […]

Understand Workers’ Applications for Permanent Residence

By Naseem Malikand Daniel Pugen McCarthy Tetrault Let’s say you are the human resources director for a Canadian-based operation with affiliates in other countries. One of your numerous responsibilities is to manage the company’s temporary foreign workers, including Americans, in Canada. A challenge you face is handling retention issues with some foreign workers. Given their […]

Minimum Wage Cranks Up Again. Do You Have the Correct Posters Up?

The latest increase in the minimum wage happens soon, and a big change in FMLA is in effect now, so you’d better have posters reflecting the changes (which include a new FMLA “poster insert”) in a prominent place.  Here’s a low cost, worry-free way to take care of it all at once. Why think about […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

Leave: Can We Change Our Policy to Limit Carryover of Accrued PTO Time?

We thought managing PTO was going to be easy, but we’ve found some problems with carryover of PTO hours. We currently allow unlimited carryover, but that’s going to cause some problems down the road (like three-month vacations). So we’d like to limit carryover. Is there a carryover rule? We really want to force employees to […]

Is a ‘No Jerks’ Rule a Boost for Business—or a Fatal Mistake?

By BLR Founder and CEO Bob Brady BLR’s founder ponders whether a “No Jerks” rule for hiring (and managing) would be a boon for the organization … or an excuse for turning away the people who might benefit it the most. Several years ago. Robert Sutton, a well-known Stanford University Business School professor, published an […]

Well, Isn’t That Special!

Last week’s episode of The Office, “Goodby Toby,” sure gave us plenty to chew on.  So, I’m taking advantage of this week’s break to turn to another Dunder Mifflin pickle presented by the finale — Kevin.  As we saw, Dwight planted the seed with Holly that Kevin is mentally disabled.  Kevin’s natural demeanor certainly drove […]

DOL’s Top Independent Contractor Trouble Spots

As seen in yesterday’s Advisor, the determination of independent contractor status can be tricky. Today: DOL’s top contractor problem spots, and a guide that picks up your FLSA problems before the feds do. The U.S. Department of Labor (DOL) points out the following particular problem areas for employers when it comes to determining whether a […]

I Can’t Believe She Did That! Why Women Betray Other Women at Work

Resources for Humans managing editor Celeste Blackburn reviews the book I Can’t Believe She Did That! Why Women Betray Other Women at Work by Nan Mooney. Review summarizes book’s theory of why women don’t get along in the workplace and suggests how HR can learn a lesson from the book. For her book I Can’t […]