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Ontario Adds Holiday to Celebrate Families; Other Provinces May Follow

by Daniel Pugen McCarthy Tetrault Following its recent re-election in October, the Ontario provincial government led by Liberal Premier Dalton McGuinty established a new public holiday called “Family Day.” The holiday falls on the third Monday in February each year. Ontario joins the provinces of Alberta and Saskatchewan in creating a public holiday in February. […]

Agency proposes clearinghouse for commercial driver drug tests

by Charles S. Plumb The U.S. Department of Transportation (DOT) has proposed a new rule that would create a database of commercial drivers’ drug test histories, making it easier for employers to find a job candidate’s past drug test results. The comment period is open until April 21. Under the current rules, employers that hire […]

Ninth Circuit Again Allows EEOC to Pursue Navajo-Preference Claim

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]

The Three Flavors of Flex/Telework

In yesterday’s Advisor, consultant Dayna offered business drivers favoring flex and telework options. Today, the three most common flavors of flex, plus an introduction to BLR’s popular checklist-based HR audit system. Fellows, founder and president of WorkLife Performance, Inc. says that there are three common “flavors” of flex/telework. She offered her tips at a recent […]

‘New’ OSHA Uses Old Policy to Make Example of Employers

OSHA is making aggressive use of “egregious violations” to levy large fines and make an example of employers where it considers hazards to have been very serious, including a $16.6 million fine in Connecticut last week and another case in Wisconsin. But the question is whether the violations will hold up in the face of […]

ADA Accommodations: Supreme Court Says State Workers Can’t Sue Their Employers For Damages Under The ADA

Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]

EBSA Loosens Health Reform Rules for SBC Delivery, Stays Enforcement

A set of safe harbors related to the enforcement of summaries of benefits and coverage (SBCs), which insurers and plan sponsors must distribute as part of health care reform, was issued May 11 by the U.S. Department of Labor and the Employee Benefits Security Administration. The DOL/EBSA guidance creates regulatory exceptions for situations where insurers […]