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FLSA Nursing Provision Gives a Private Room But Not a Private Right to Sue
Employees were given new rights to a secure and private place in which to express breast milk under a 2010 amendment to the Fair Labor Standards Act; however, that amendment does not give those employees a private right to sue their employers for failing to provide such a space. Instead, said the U.S. District Court […]
More human rights ‘frustrations’
by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]
Did Employer Fail to Accommodate Injured Employee?
By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask […]
Question and Answer: Diversity ideal, but not always good for business
As president of San Diego training firm Cross-Cultural Communications, Sondra Thiederman has spent the last 25 years helping companies create diversity programs that actually work. Author of the book, Making Diversity Work: Seven Steps for Defeating Bias in the Workplace, Thiederman’s clients include General Motors, Xerox, Pfizer Pharmaceuticals, Marriott Corp., American Express, and AT&T. We […]
FMLA Leave: Military Caregiver Leave
by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]
When Can New Workers Recover for Psychiatric Injuries?
When a worker sustains an injury at work, it’s not always just the body that gets hurt—you may also be facing a claim for psychiatric injury. Today and tomorrow, we’ll look at a new case that helps clarify exactly when you may be liable for these sorts of injuries for new workers.
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 […]
Employee Records: What to Do if You Receive a Social Security “No-Match” Letter
If an employee’s name or Social Security number differs from information in the federal Social Security Administration’s records, the agency sends out a “no-match” letter to notify the employer of the discrepancy. The letter, which can list one or more employees, asks that correct information be submitted within 60 days.
Performance Reviews—Tool Bosses Use to Justify Pay
In yesterday’s Advisor, Samuel Culbert encouraged HR managers to "put the performance review out of its misery." He says HR is the only part of the company that benefits. (Go here for yesterday’s comments.) Today, we’ve got his suggestions for performance previews and an introduction to an extraordinary program for the compensation side of appraisal. […]