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Disabled Employees: New Ruling OKs Layoff Of Worker Who Can’t Meet Performance Standards; Lawsuit Prevention Tips

Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]

Finding Passive Candidates

Open positions are becoming tougher and tougher to fill. Recruiters are looking for options to find more candidates for each role simply to have more options to choose from. Sometimes it’s difficult to even find someone qualified.

New I-9 Form Required Starting April 3

All employers are required to verify the employment eligibility of their employees by completing a federal Employment Eligibility Verification Form I-9 for each worker. Employers can use self-audits to verify that the employment eligibility documentation kept on file for their employees is accurate. Recent changes Effective April 3, 2009, the list of documents acceptable to […]

Supreme Court Narrows Scope of ‘Supervisor’ Status in Title VII Discrimination Claims

The term “supervisor” is not to be taken lightly when determining the scope of employer liability in employment discrimination claims, according to the U.S. Supreme Court. On June 24, the court held in a 5-4 decision that an employee is a “supervisor” under Title VII of the Civil Rights Act only if he or she […]

FMLA Notice Requirements: Proper Delivery of Notice

As covered in the last installment of this series, every employer covered by the Family and Medical Leave Act (FMLA) is required to post an FMLA general notice explaining the FMLA’s provisions and other various U.S. Department of Labor (DOL) forms and notices. The following article discusses the proper ways to deliver notices.

Workers’ Comp Throws Its ‘Employer’ Nets Wide

A British Columbia Court of Appeal decision has worrisome implications for companies that control elements of the operations of subcontractors or franchisees. Although it was about a franchise situation in B.C., it could have repercussions in other provinces and other business relationships. What happened In 2005, there was a robbery of a Petro-Canada service station. […]

Pension

Largest Defined Contribution Plans Look to Adopt DB Best Practices for The Future

By Jane Meacham While acknowledging that maintaining traditional defined benefit (DB) pensions has become either too expensive or too burdensome, several Fortune 500 company retirement plan sponsors would like to replicate for their defined contribution (DC) plans some of the efficiencies from their DB plans, according to a new survey report from BNY Mellon.

New Jersey social media privacy law takes effect December 1

by David K. Reid Employers need to be ready for New Jersey’s new social media privacy law, which takes effect December 1. The law prohibits employers from requiring applicants and employees to disclose their user names and passwords for personal social media accounts or otherwise provide access to their accounts. The law doesn’t apply to […]

Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]