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A slo-pitch: Playing baseball when ‘sick’ = cause for termination

by Kyla Stott-Jess Unexpected employee absences from work can be difficult for employers. Customer service may be compromised. Others’ jobs need to be adjusted. And an employer’s trust in the employee can be damaged. So can an employer terminate an employee for lying about the reason for an absence?

Supreme Court Decision Could Impact ERISA Plan Litigation

By Jane Meacham, retirement plans editor The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 13-1339, U.S. (May 16, 2016), which encourages Employee Retirement Income Security Act (ERISA) plaintiffs to allege a “concrete” injury, is viewed by many in the ERISA legal community as likely to reshape litigation against employer-sponsored retirement plans.

Contracts: How Did We End Up Creating an Oral Contract?

I thought we had an “at-will” relationship with our employees, but recently, we got sued and the court found that the employee had an “implied contract” with us. Now we want to be sure that we’re not creating contracts we don’t want and that we do have contracts we need. How should we move forward? […]

New NLRB website highlights “protected concerted activity”

by Tammy Binford The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers. The webpage is the latest of several recent NLRB moves that many employers find […]

Family Leave Beyond FMLA—What’s Really Happening?

By BLR Founder and CEO Bob Brady For years, BLR® has surveyed HR and benefits professionals to see what benefits they are actually offering to employees. This year, we have expanded our survey program by conducting a series of brief, targeted benefits surveys. The findings of these surveys are analyzed and presented free to all […]

Your I-9 Program: How Not to Get "ICE’d"

If your I-9 program is not up to snuff, the U.S. Immigration and Customs Enforcement (ICE) Agency can freeze your operation and put you in cold storage. Here’s how to avoid slipping up. Anyone aware of the news these days knows there’s a massive debate under way in the United States about the issue of […]

Does Updating a Facebook Page Violate a Non-Compete?

In yesterday’s Advisor, we covered the stunning new NLRB stance on social networking; today, attorney Thomas Deer’s advice on dealing with social media and non-competes, plus an introduction to the one-stop HR solution center. Deer, a shareholder in the Chicago office of law firm Ogletree, Deakins, Nash, Smoak & Stewart PC, was a featured speaker […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]