Author: Tammy Binford

Need to root out FMLA abuse? Requesting recertification a valuable tool

The federal Family and Medical Leave Act (FMLA) often enables employees dealing with serious health conditions to hold down a job while also attending to their medical issues. Used properly, it can be a win-win for both the employee and the employer. But many employers can tell war stories about challenges in administrating FMLA leave: […]

Modified Obamacare replacement bill narrowly passes House

In a squeaker of a vote, a modified version of the American Health Care Act passed the House 217-213 on May 4. The vote was cleanly split along party lines, with no Democrats supporting the legislation and 20 Republicans voting against it. In March, the bill was pulled prior to a vote when it became […]

House passes comp time bill; White House voices support

The U.S. House of Representatives has passed a bill that would allow private employers to offer workers compensatory time off in lieu of overtime pay. The Working Families Flexibility Act of 2017 will now go to the Senate. However, despite having the White House’s support, the bill could face obstacles. The bill H.R. 1180 would […]

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10 steps to take before responding to a charge of discrimination

by Susan Hartmus Hiser After the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from an employee, it begins gathering information about the allegations of discriminatory treatment. That process includes asking the employer to provide relevant documents. Additionally, the agency typically will ask the employer to submit a position statement setting out its response […]

Probationary clauses: Devil is in the details

by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]

Be relentless in pursuit of what you want most

by Dan Oswald In the blockbuster Disney movie Pirates of the Caribbean: The Curse of the Black Pearl, Captain Jack Sparrow’s most treasured possession is his compass. This makes sense. Jack is a ship’s captain, and he needs his compass to do his job—navigate the high seas. The problem is that his compass doesn’t tell […]

Fox News & Bill O’Reilly—best practices for conducting internal workplace investigations

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation.    Workplace investigations are tough, and if your organization can’t afford (or simply does not want) […]

Senate confirms Acosta as secretary of labor

On April 27, the Senate confirmed Alexander Acosta as secretary of labor by a vote of 60-38.  Eight Democrats joined the Republican majority in voting for President Donald Trump’s nominee, completing Trump’s Cabinet just shy of his 100th day in office. Acosta, a former National Labor Relations Board (NLRB) member, previously served as assistant attorney […]

No spin here: O’Reilly case shows ‘high performer’ not worth harassment factor

When Fox News paid some of the $13 million needed to settle sexual harassment claims against O’Reilly Factor host Bill O’Reilly, it seemingly failed to fully address the problem. The company didn’t thoroughly investigate or take appropriate remedial action until there was public pressure to do so, according to news reports. Employment law attorneys say […]

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Do I have to pay my summer help? Avoiding FLSA liability for internships

by Joseph U. Leonoro With summer almost upon us, many companies will be hiring college and high-school students to work as interns. Often, employers pay interns only a small stipend or don’t pay them at all. It may make good business sense not to pay interns because they usually aren’t bringing the same experience, skill, […]