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Wal-Mart Layoffs Declared Illegal by Quebec Arbitrator

As we have reported before (January 6, 2009, December 2, 2008, and August 26, 2008), Wal-Mart has repeatedly been dealt blows by Canadian courts and other decision-makers. Most recently, an arbitrator in Quebec has weighed in – and it’s more bad news for Wal-Mart in Canada. Wal-Mart’s store in Jonquiere, Quebec, was certified by the […]

EEOC Proposes 30-percent Limit for Wellness Incentives

Financial wellness incentives of up to 30 percent of coverage costs would be allowed under the Americans with Disabilities Act, based on rules proposed by the U.S. Equal Employment Opportunity Commission. This long-awaited guidance generally defers to HIPAA’s nondiscrimination rules, as amended by health care reform, in determining whether a wellness program is permitted by […]

How the Mighty Have Fallen (Again)

by Katherine Pollock Recently, we learned of a scandal out of the United States that cost a top CEO his job. On August 6, Mark Hurd, the chair, CEO, and president of Hewlett Packard for the past five years, “resigned” under intense pressure from the board. While it was an allegation of sexual harassment that […]

Canada’s Top Court Signals Tougher Days Ahead on Accessibility

by Tara McPhail McCarthy Tetrault Canadian human rights laws require employers to accommodate employees and customers with disabilities up to a point. What point? The point at which the accommodation would constitute “undue hardship” on the employer. But what makes an undue hardship? A recent Supreme Court of Canada decision appears to set a high […]

moonlight

89% of Moonlighters Plan to Keep Second Jobs in 2016

Slow wage growth continues to impact many U.S. workers, with 89% of moonlighters planning to keep their part-time second jobs in 2016 either fully or in part, and over 50% doing so to keep up with “cost of living,” according to a new survey by Indeed.com.

New ADA Compliance Guidance Covers Cancer, Diabetes, Epilipsy and Intellectual Disabilities

The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]

Legislation Introduced to Revise the FMLA

Apparently, Congress isn’t done expanding the Family and Medical Leave Act (FMLA.) Just a few weeks ago, two different bills were introduced in the U.S. House of Representatives that would expand the scope of the Act. FMLA Compliance Manual, including a quarterly compliance bulletin with updates on the FMLA Specifics of proposed legislation On April […]

The No-Cost Key to Retention and Productivity?

“Flexible work arrangements provide enhanced employee performance while offering an inexpensive and effective way to motivate and retain top talent,” says Rose Cook, president of FlexPro Staffing in Eagleville, Pennsylvania. What Is Meant by ‘Flexible Work’? Simply put, flexible work arrangements are alternate arrangements or schedules that differ from the traditional workday and workweek. Flexible […]

Giving thanks: employment lawyer’s list

by Richard Rainey As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve given some thought to what we, as employment lawyers who represent businesses, are most thankful for when it comes to our […]

Most Retirees Leave Ex-employer’s Plan within 5 Years

The overwhelming majority of defined contribution plan participants at retirement age roll their retirement savings over from their employer’s plan to an individual retirement account within five years of leaving the company, according to new research by Vanguard. But most refrain from taking distributions for years afterward. This common decision has implications for the “to […]