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McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

More Bad News for Wal-Mart in Canada

by Dominique Launay Five weeks ago, we told you about an unfair labor practice complaint against Wal-Mart in Saskatchewan, arising out of its closure of a store in Jonquiere, Quebec. Well, it seems that Saskatchewan isn’t the only province in which Wal-Mart is being dealt blows. The Quebec Labor Relations Board  has also recently ruled […]

Some Employees Are ‘Fire-Retardant’—But that Doesn’t Mean You Can’t Fire

“I want to fire him, but I can’t.” It’s true that some employees come with “fire retardant factors”—they are in a protected class or performed a protected act—but this doesn’t mean you can’t fire them. However, you do want to slow down and be sure that you aren’t discriminating or retaliating against them for asserting […]

Productivity Got Run Over by a Reindeer During the Holidays

by Margaret DiBianca Hints of the holiday season are tucked away in every corner of the workplace. Cards from customers and vendors are tacked up in cubicles. Uneaten candy canes and tin canisters filled with chocolate-drizzled caramel popcorn continue to make appearances in the break room. The office-party circuit seems endless and, of course, requires […]

Who: The A Method for Hiring

Resources for Humans managing editor Celeste Blackburn reviews Geoff Smart and Randy Street’s book Who: The A Method for Hiring. According to a study by Recruiting Roundtable, a division of the Corporate Executive Board, employers or their new hires regret their decisions half the time. The bad hiring decisions cost the average organization millions in lower […]

Holidays PTO Survey: Maximum PTO Bank

What is the maximum number of days that can be accumulated in your organization’s paid time-off plan?   1-9 days 10-19 days 20-29 days 30-59 days 60-89 days 90+ days No limit Exempt Employees 30 (6%) 61 (12%) 140 (28%) 154 (31%) 25 (5%) 32 (6.4%) 41 (8.2%) Nonexempt Employees 31 (6%) 62 (12.4%) 145 […]

Progressive discipline prevails—even where harassment proven

By Keri Bennett When a long-service costume designer was dismissed following a workplace harassment investigation, a British Colombia arbitrator found the company’s no-hire ban for all future productions to be excessive, since there was a lack of progressive discipline. Despite finding that the fired employee had engaged in longstanding and widespread harassment of junior employees, […]

Chicago Sleeps Off Stanley Cup Celebration

Sporting events have been known to take a hit on companies. Some employers dread the Super Bowl, March Madness, and the World Cup. From gambling, to bandwidth issues, to increased absences, sporting events can be a serious disruption to businesses. The latest to learn this lesson—Chicago. According to CBS Chicago, the Blackhawks’ Stanley Cup victory […]