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Cheer or fear

Litigation value: $0.00 for a drunk, passed out (and likely concussed) Daryl, but Jim has a cause of action for battery against Belsnickel. My colleague, Doug Hall, wrote about the “Dwight Christmas” episode three weeks ago when it first aired.  I agree with him that employers need to be careful with their holiday social events to minimize potential […]

Applicants for Trip to Mars in for Dead-End Job?

According to BBC News, Mars One, a Dutch organization, is seeking adventurous applicants to work on a trip to the Red Planet. Those who apply must be “resilient, adaptable, resourceful, and work well within a team” One hitch—the trip is one way! Applicants must pass a rigorous physical and mental selection process—think The Right Stuff. […]

Have You Been Trained to Seek Out Extroverts?

Quiet: The Power of Introverts in a World That Can’t Stop Talking is Cain’s most recent book (Crown, 2012). In it, she describes the rise of extroverts, in what she calls “the culture of personality.” She refers to earlier examples, like Dale Carnegie, but her most compelling example is the Harvard Business School (HBS), where, […]

Leave your mistakes in the past, but keep the lessons for the future

by Dan Oswald In just a handful of days, 2017 will be over. Another year in the books. I don’t know about you, but they seem to go faster as I get older. It’s like I’m speeding to a finish line that I don’t necessarily want to reach! But it’s like I say about birthdays, […]

Paycheck Fairness Act 101

Even with the passing of the Equal Pay Act of 1963, paycheck inequality remains a problematic issue in today’s workplace. There are a lot of reasons behind this—some more objective and obvious, and some more subtle—but the fact remains that pay has not equalized despite that law passing more than 50 years ago.

Mood problem or mental disorder? When can employers discipline?

By Kyla Stott-Jess Employers in Canada can’t discriminate against employees based on mental disabilities. But the broad interpretation that courts and arbitration boards frequently apply to human rights laws often makes it difficult to know where the boundaries of “mental disability” lie. In a recent arbitration decision in Ontario, Windsor (City) and WPFFA (Elliot), the […]

Video: Medical Certification Process for Employee Leave Requests Explained

When an employee requests a leave of absence under the Family & Medical Leave Act (FMLA), the employer must provide a medical certification form to be completed by the employee’s health care provider. In this video, Michael Bansback of LeClairRyan explains your rights and responsibilities as an employer regarding the medical certification process. Barnsback presented […]

Do Your Safety Trainers Understand HAZWOPER Training Requirements?

HAZWOPER training for hazardous waste treatment, storage, and disposal facility (TSDF) personnel is required by 29 CFR 1910.120(p) if work at the TSDF involves employee exposure or the reasonable possibility for employee exposure to worksite safety or health hazards. Workers at TSDFs with corrective actions involving cleanup must do the full 40-hour training. The trainer […]

Is sexual harassment discrimination if there is no evidence of differential treatment?

By Charles Harrison The answer to the question in the title is yes, a Canadian court confirmed recently. Sexual harassment is discrimination. Overturning a decision of the British Columbia Supreme Court, the British Columbia Court of Appeal recently clarified that evidence of unwelcome conduct of a sexual nature is alone sufficient to establish discrimination on […]