Author: South Dakota Employment Law Letter

You’re not a doctor, and you don’t play one on TV

by Jane Pfeifle An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of article author Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court’s […]

Fasken Martineau adds to its leading Labor, Employment, Human Rights, Pensions and Benefits Client Service Team

by Brian Smeenk Regular readers of Northern Exposure are well aware of the breadth, depth, and strength of Fasken Martineau’s Labor, Employment, and Human Rights Group. Well, our Group just got even broader, deeper, and stronger. And thus even better in our ability to serve any client’s needs, no matter the complexity, urgency, or scope. […]

Strong HR-hiring manager team keeps applicants out of quicksand

Frustrated job applicants often tell similar tales: They research the potential employer, tailor the resume to the job, and follow exactly the directions for applying. In short, they work hard to show why they should be hired. Employers also work hard to recruit and hire the best. They develop job postings taking care to communicate […]

Obama pushing to make more workers eligible for overtime

The latest development in President Barack Obama’s continuing effort to boost pay for low-wage workers is coming in the form of a plan to increase the number of workers who  are eligible for overtime pay. A March 11 report on The New York Times website says Obama will direct the U.S. Department of Labor (DOL) […]

The dilemma of writing your own EEOC position statement

by Jeremy A. Stephenson An employer receives its first charge from the Equal Employment Opportunity Commission (EEOC) alleging workplace discrimination. The employer is immediately irritated because the employee who filed the charge deserved to be terminated. The company quickly determines that it has no insurance that covers the situation, so a representative calls the EEOC […]

EEOC, FTC team up to provide tips on background checks

Employers and jobseekers alike are getting more direction on employer use of background checks with the release of two technical assistance documents from the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC). On March 10, the EEOC and the FTC copublished the documents, which are available on the agencies’ websites. The documents—Background […]

New York City paid sick leave law begins April 1

by New York Employment Law Letter New York City employers need to be ready for the city’s new Earned Sick Time Act by the April 1 effective date. Beginning April 1, the law, passed last summer over the veto of then-Mayor Michael Bloomberg, requires private-sector employers with 20 or more employees in New York City […]

If you don’t have anything nice to say…

Lately, have you felt feverish, light-headed, even giddy? Well then you must have Oscar fever. The stars! The gowns! The teeth! My god, those blinding white teeth! For you, March 2, 2014, was a night of luxury, glamour, and take-out noodles because NO WAY you were cooking for the family and risk missing J-Law stumble […]

Learn important lessons from Lombardi’s eight-hour session

by Dan Oswald Over the weekend, I was watching a piece on legendary Green Bay Packers coach Vince Lombardi. The documentary chronicled Lombardi’s life growing up in Brooklyn through his storied years as a championship coach with the Packers. As a Packers fan, I’ve read biographies on Lombardi and other books that have discussed the […]

When can Canadian employment contracts be terminated for ‘frustration’?

By Marc Rodrigue Like any contract, an employment contract can be legally “frustrated” and come to an end. Basically, this may happen when it becomes impossible for one of the parties to perform his or her end of the bargain. For example an employment contract can be frustrated when, because of an illness or injury, […]