Tag: Employment law

The long arm of the EEOC: Agency’s subpoena power is a force to be reckoned with

by Burton J. Fishman In 2007, the Equal Employment Opportunity Commission (EEOC) filed suit against Kroger, the grocery chain, because it rejected an applicant for a “cashier, bagger, stocker” position in part because of a poor score on an orally administered “personality trait” test prepared by Kronos, Inc. The applicant had speech and hearing difficulties […]

‘Merry Christmas!’ I mean ‘Happy holidays!’ Oh, just have a nice day

by C. Edward Watson Q: Every year, the holiday season seems to get more stressful. On the one hand, I have a couple of employees who want to make everything about Christ. They insist on wishing everyone, including our customers, a merry Christmas rather than happy holidays or not saying anything. They claim that saying […]

Loss of COBRA Eligibility Due to Union Lockout Deemed Labor Rights Violation

Typically, interference with an employee’s COBRA coverage rights raises legal claims under ERISA; however, employers should take heed that in some instances other federal laws are invoked. Recently, an employer was found to have violated federal labor law when it engaged in an unlawful lockout of union employees that included the cancellation of their health […]

Layoff as constructive dismissal: a cautionary tale for employers

By Ralph N. Nero and Keri L. Bennett When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive […]

Die Hard … with a Christmas vengeance

Litigation Value: $50,000 or so, depending on how much harm comes out of an essentially unsupervised holiday party It is the annual Christmas episode of The Office, and it’s bittersweet as Jim and Pam talk about how this will be the last Christmas party for the both of them at Dunder Mifflin Scranton–much like it […]

It’s time for flu season safeguards in the workplace

by Tammy Binford The headlines are alarming. A virulent flu strain is striking in at least some parts of the country earlier than usual, possibly signaling a rougher-than-normal flu season. Employers who ignore the flu threat risk turning their workplaces into a flu-fueled fever frenzy that gets worse throughout the winter and into spring. A […]

Insights from a CEO: Removing the stigma of HR as a cost center

Consider the human resources department: Is it a center for strategic thinking or a cost center–necessary but still a burden on the bottom line rather than a contributor to profits? That’s one question to explore as HR professionals work to earn the “seat at the table” they’ve long sought. Recently, a group of HR professionals […]

Tips for managing employee requests for time off during the holidays

The best way to account for employee absences during the holidays is to plan ahead. Creating a plan allows you to make sure that your company still has enough employees to operate while allowing time off to those who request vacation leave. Vacation leave is governed by the employer’s policies Remember that while neither federal […]

Withholding judgment on IRS amnesty program

by Michael E. Barnsback For the past couple of years, the IRS has focused its enforcement efforts on the misclassification of independent contractors. Many employers improperly classify workers as independent contractors to avoid paying FICA taxes and providing benefits. Others make the mistake simply because they don’t understand the differences between the two classifications. Regardless, […]

Scheduling, seniority issues, and holiday pay

by Jennifer L. Anderson Ebenezer Scrooge is the most infamous of employers — overworking and underpaying his employees, denying their vacation requests, and spreading holiday misery rather than holiday cheer. Fortunately, A Christmas Carol is fiction, and times have changed. These days, most of you decorate your offices, accommodate employees’ vacation requests, provide standard holidays […]