Practical HR Tips, News & Advice. Updated Daily.
by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]
Litigation Value: $0 (which is good because Dunder Mifflin has no money left!) Unfortunately, tonight’s episode was another repeat. Matt Rita did a fantastic job covering most of the employee relations issues raised by this episode when it originally aired in November. In this post, we will discuss two moments not discussed in the previous post. First, Oscar’s […]
By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status. Nor what that status means […]
Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]
by Boyd A. Byers Super Bowl Sunday is February 7. About 140 million Americans will watch the game on TV, and 20 million will attend a Super Bowl party. While doing so, we’ll eat 20 million pounds of potato and tortilla chips. Let’s look at some other Super Bowl-related numbers for you to ponder in […]
It’s time to post your Occupational Safety and Health Administration (OSHA) Form 300A, the summary of job-related injuries and illnesses that occurred last year. Unless you have 10 or fewer employees or fall within one of the industries normally excused from the Occupational Safety and Health Act’s (OSH Act) recordkeeping and posting requirements, you’re required […]
Litigation Value: In the aggregate, $100 million; most of which is punitive damages OK, so tonight’s episode — The Banker –- didn’t really bring us much new material, but it indeed highlighted five years of near-catastrophic employee-relations failures. As Dunder Mifflin verges on economic collapse, a potential investor dispatches its self-proclaimed “fact-checker” to conduct a due-diligence […]
Mandatory retirement has a long and storied history as part of the Canadian labor system. As we enter 2010, it appears that a new chapter is being written, one in which mandatory retirement is the exception rather than the norm. In Canada, mandatory retirement developed along with the introduction of private and public pension plans. […]
Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]
Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]