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It may seem paradoxical that the U.S. Department of Labor (DOL) should begin auditing health plans for compliance with the health reform law’s mandates, given that the U.S. Supreme Court could very well strike down the Affordable Care Act (ACA) for being unconstitutional in early summer. But it’s better that plans be ready to demonstrate […]
When you fire an employee for misconduct, even if it’s for an egregious incident that occurred in public, you still need to be careful who you talk to about it both inside and outside your company. The case of former Golden State Warriors basketball player Latrell Sprewell illustrates how an employer whose termination of an […]
A new Missouri Senate Bill is taking aim at teachers who use social networking to communicate with their students. According to MSNBC, Senate Bill 54, which goes into effect on August 28, is quickly becoming known as the “Facebook law.” Though the law primarily offers liabilities for school districts who fail to disclose suspected or […]
I’ve been reading Tell My Sons … by Lieutenant Colonel Mark Weber, says business and leadership blogger Dan Oswald. After a routine Army physical revealed Weber had stage IV intestinal cancer, he began a battle for his life that he ultimately will lose. When Weber realized he wouldn’t be able to conquer his cancer, he […]
By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]
Ever since 1964, discrimination based on race or color has been illegal. EEOC has finally told us what those terms mean, says HR Manager’s Legal Reporter. The recent Supreme Court ruling that greatly expanded the definition of retaliation (Daily Advisor, 9/25/06), showed how important it is for HR people to keep track of happenings in […]
“Social media networks and blogs are now the fourth most popular online activity, ahead of personal e-mail,” says Attorney Cynthia L. Gibson. And they are getting more popular with HR for background checks. Unfortunately, she says, once you turn up information you don’t want, “you can’t unring the bell.” Gibson is senior vice president, Legal, […]
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 […]
The EEOC recently sued an organization that fired an employee because of her weight. Is obesity bias the next hot-button issue that employers need to watch out for?
An employee who claimed her boss sexually harassed her was awarded nearly $400,000 in damages—but the supervisor, not the employer, will have to pay the tab. Maria Kaul worked for a short time as a secretary for Orion Systems, Inc., in Santa Clara. She claimed her boss, Morton Kessler, repeatedly commented on her clothing, kissed […]