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Appealing Employment Tribunal Decisions May Be Easier

McCarthy Tetrault A recent decision by the Supreme Court of Canada may make it easier for employees and employers to appeal decisions of administrative agencies to the courts. In Canada, and from an HR perspective, such agencies include labor boards, labor arbitrators, human rights tribunals, pay equity tribunals, and employment standards adjudicators. Imagine an employee […]

News Notes: September 2004

New Paid Family Leave Regulations Released As most California employers know, the new Paid Family Leave (PFL) law kicked into action this summer, providing partial wage-replacement benefits for workers who take time off to care for a seriously ill family member or bond with a new child. At the same time, the state Employment Development […]

News Notes: IBM Agrees To Partly Settle Pension Lawsuit

IBM will pay $320 million to current and former employees in partial settlement of a long-running class action lawsuit charging that the company’s conversion of its traditional pension plan to a cash-balance plan illegally discriminated against older workers. Under the settlement terms, IBM’s additional liability, which is under consideration by a federal judge, will be […]

The Smarter Way to Write HR Policies

For issues such as discrimination … and virtually anything else that’s compliance-related … leave the HR policy writing to the experts. If you read yesterday’s Advisor article on “unconscious discrimination,” it may have raised the same question in your mind as it did in ours. Assuming that recent social research is correct—that managers of good […]

Technical Notification Failure Dooms FMLA Defense

In yesterday’s Advisor, attorney Stephen R. Woods presented two recent cases that illustrate the need for careful HR training about what to say and what not to say. Today, another teaching case plus an introduction to a unique online training system. Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree […]

What Company Should Employ Your Expats in Canada?

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]

FMLA Notice Requirements: DOL Forms and Notices

As covered in the last installment of this article series on FMLA notice requirements, 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 providing information regarding the procedures for filing complaints of FMLA violations to U.S. Department of Labor’s (DOL’s) […]

Policies? They’re for the Other Managers, Not Me

Which sounds most like your managers? “Before I make this important decision I must carefully review the HR policy dealing with this situation” OR “Policies? What policies?” Unfortunately, says consultant Robert J. Greene, too often it’s the latter. And to make matters worse, policy-making and enforcing has gotten harder, says Greene, CEO of Reward $ystems […]

FMLA: Substance Abuse? Holidays? Multiple SHCs?

FMLA just won’t get easier. It seems that every request for FMLA has some new twist. Today, we’ll unravel a few twisted misconceptions your managers and supervisors may have. In yesterday’s Advisor, we busted some myths concerning FMLA leave. Today, some of the thorniest questions readers ask, plus an introduction to the “FMLA Bible.” Do […]