Practical HR Tips, News & Advice. Updated Daily.
By Hadiya Roderique Last year we reported on a case where a Canadian employer was ordered to reinstate an employee who had tested positive for marijuana following a verbal altercation with his employer. Why? Because drug addiction is considered a disability in Canada. And individuals who suffer from addiction are protected from discrimination under human […]
By Derek Knoechel In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff. While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. […]
by Teresa A. Cheek The Third Circuit Court of Appeals recently issued a decision applying the Lilly Ledbetter Fair Pay Act — the first bill signed into law by President Barack Obama in January 2009. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination Facts Mary Lou Mikula was […]
The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also […]
By Marc Ouellet and Louise Béchamp On November 27, 2009, in two cases involving Wal-Mart (Plourde v. Wal-Mart Canada Corp. and Desbiens v. Wal-Mart Canada Corp.), the Supreme Court of Canada rendered its much-awaited decision on an employer’s right to close operations for alleged antiunion reasons. The Supreme Court decisions rule that Wal-Mart could close […]
by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]
by Michael B. Leahy Recently, our colleagues in California brought a shady — and possibly criminal — Web-based reference service to our attention. What we saw shocked us. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including hiring Every excuse in the book! CareerExcuse.com supplies fraudulent job references to employers […]
Litigation Value: One “Tranny Claus” = $0; One Disgruntled Jesus Impersonator = $0; Settlement Checks for Offended Employees = $50,000; Getting an XBox from Santa = Priceless. It’s the holiday season again and time for our friends at Dunder Mifflin to trim the tree and try to stay off the Naughty List. Some were more […]
By Lyne Duhaime An IBM employee from Quebec made headlines last month when her disability benefits were cut off by the insurance company after it saw pictures of her on Facebook. Despite being off work for depression, the employee had posted photos of herself on vacation at the beach and at a Chippendale’s show. When […]
by Douglas R. Chamberlain When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are subject to complex rules […]