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U.S. Supreme Court rules drug reps are exempt as “outside salesmen”

By Nancy Williams Pharmaceutical representatives who persuade physicians to prescribe specific drugs don’t make any actual sales. They can’t because the products they promote can be sold legally only through a doctor’s prescription to an individual patient. Yet for years, it has been a common industry practice to categorize such employees as outside sales representatives […]

Managing The Workplace: Court Clarifies When You’re Protected From Being Personally Sued For Termination Decisions

If an employee is “at-will,” it usually means you can discharge the person at any time for any lawful, non-discriminatory reason. But what if a manager is motivated by improper, though not illegal, personal concerns when recommending an employee be fired? In a new decision, the California Court of Appeal has ruled that as long […]

Supreme Court addresses, upholds state bans on affirmative action

By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on.  Background In 2003, two U.S. Supreme Court decisions […]

Determining FMLA Eligibility: Impact of Supreme Court’s 2015 Same-Sex Marriage Decision

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

What to Do When Your Diversity Dinosaur Is Your Top Producer

Last issue we talked about Imus, Dog, and supervisors who are “diversity dinosaurs.” But how about the case where your dinosaur is also your best producer? Here’s help from a program that can keep the productivity, while losing the negative attitudes. Initially, it sounds like a difficult choice—your rules on discrimination and harassment or your […]

Workers Want Pension Benefits

A new survey finds pension benefits are a major factor for most workers in North America when deciding to accept a job. What’s more, interest in the benefits is widespread, regardless of age.

What Employers Need to Know When Employees Seek Loans, Withdrawals from Retirement Plans

by Douglas R. Chamberlain When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are subject to complex rules […]

Are all religious holidays created equal?

One might think that the paid holidays an employer chooses to offer its employees is a matter for the employer and its employees. However, when Tyson Foods announced that Labor Day would be replaced with Eid al-Fitr as a paid holiday in its Shelbyville, Tennessee, plant, the response from the public was swift and harsh. […]

Labor Arbitrators Have More Scope than Courts, Supreme Court Says

By Brian P. Smeenk Canadian labor arbitrators are not legally bound to court-made legal rules. Rules of evidence, for example, are more relaxed. Rules of contract interpretation may also vary. But just how far arbitrators can deviate from general rules of law has been an open question. A recent decision by the Supreme Court of […]