Author: Jessica Webb Ayer

Health Care Insurance Reform’s Fate in Supreme Court’s Hands

By Jessica Webb-Ayer, J.D., BLR Attorney Editor The U.S. Supreme Court recently heard oral arguments on challenge to the massive health care insurance reform law, the Patient Protection and Affordable Care Act (PPACA), enacted March 2010. Although there’s no crystal ball to tell us how the justices will inevitably rule, the oral arguments did provide […]

Helping Employees Deal with Gas Prices

Fueling Change: What Employers Can Do To Ease Employee Pain at the Pump

Employers and employees have seen gas prices rise to alarming levels, then ease a bit only to head back up again in a seemingly endless cycle. While pump prices hover in the $3 to $4 range, forecasters hint that $5 a gallon or higher prices may be in the future. The direction gas prices will […]

Don’t Be An %#*hole!

A colleague recently suggested I read the book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t. Maybe I should have asked what his motives were in suggesting that I read this particular book. I didn’t. Some things you just don’t want to know! The book was a New York Times […]

Background Check

EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment

The Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information. The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making employment decisions could violate the […]

IBM Appeals Wrongful Dismissal Decision; Case Raises Question of Double Recovery

By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]

Trouble at the Fundraiser

Litigation Value: Not much from this episode, but hopefully Dunder Mifflin will recognize the problems associated with socializing with an ex-employee. This week’s episode illustrates some of the dangers of a disgruntled ex-employee. A recently fired Andy and his newly blossoming life crisis take center stage at a local fundraiser. After a great cold open where […]

Obesity: Big ADA Problem for Employers

by Jennifer L. Anderson A federal court in New Orleans recently paved the way for the Equal Employment Opportunity Commission (EEOC) to move forward with an Americans with Disabilities Act (ADA) lawsuit on behalf of a severely obese employee. Whether obesity is a disability under the ADA and what an obese employee must prove to […]

Exit interviews can help employers improve their companies

Exit Signs: Employers Should Learn Lessons from Departing Employees

Job hunters are seeing glimmers of hope as the economy shows signs of rebound. Economic recovery is good news for everyone, but the downside for employers is that they may see some of their valuable employees taking advantage of an improving job market by looking for opportunities in new workplaces. When good people move on, […]

Massachusetts Criminal Record Rule Changes Finish Taking Effect May 4

by Tim Murphy In 2010, the Massachusetts Legislature made sweeping changes to the statute governing employers’ use of Criminal Offender Record Information (CORI). In addition to prohibiting employers from asking about an applicant’s criminal history on the job application, the amendments called for additional changes to the way employers access CORI data and how they […]

Charity Runs Afoul of Canada Revenue Agency

By Gulu Punia and Jennifer Shepherd Deciding to retain a contractor rather than an employee can be the right decision depending on the needs of a business. But there are risks. If a court determines that the relationship is in fact an employment relationship, the employer can be liable. Such was the case in M.A.P. […]