Tag: Employment law

Is Workplace Violence on the Rise?

by Nancy Germond What do the current economic environment and workplace violence have in common? Is there a correlation between the two? The economic downturn has certainly caused a lot of devastation, with many individuals losing their jobs, homes, and savings. Even employees who were lucky to survive their company’s layoffs still face workforce challenges […]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the […]

Beware Deductions for Lost or Stolen Property from Exempt Employees’ Pay

by Kathy Neal Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions. HR Guide to Employment Law: A Practical Compliance Reference Understanding the Fair Labor Standards Act – FLSA Many employers issue laptops or smartphones to their […]

Belles, Bourbon, Bullets & Bankruptcy

Litigation Value: $0. Shockingly no one did anything illegal in this episode. Dunder Mifflin suffered a full day’s lost productivity due to Corporate’s poor handling of the bankruptcy situation. In this week’s episode, the recession finally hit Dunder Mifflin. Faced with such stress, I would have expected the Scranton branch to become a plaintiff’s lawyer’s […]

Wal-Mart Layoffs Declared Illegal by Quebec Arbitrator

As we have reported before (January 6, 2009, December 2, 2008, and August 26, 2008), Wal-Mart has repeatedly been dealt blows by Canadian courts and other decision-makers. Most recently, an arbitrator in Quebec has weighed in – and it’s more bad news for Wal-Mart in Canada. Wal-Mart’s store in Jonquiere, Quebec, was certified by the […]

Hostile Work Environment: Employee Warned to ‘Find God’ or ‘Go to Hell’

Claims of unlawful religious discrimination under Title VII of the Civil Rights Act of 1991 may involve your unwillingness to reasonably accommodate an employee’s religious practices, oral or physical harassment, or unwelcome imposition of religious views or practices on an employee. A hostile work environment can exist when the workplace is permeated with discriminatory intimidation, […]

Deterring Intermittent FMLA Leave Abuse

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]

Double Trouble

Litigation Value: up to $5,000-7,500 to settle Erin’s sexual harassment claim; $2,000 for sexual harassment training (again); up to $10,000 to settle with Michael for failing to protect him from Pam’s slap … and Pam might be spending some of her own money on defending against Michael’s battery claim. This week on “The Office,” we saw our […]

Employers Need Understanding of Canadian Work Permits

By Lesli Sheinberg and Isabelle Dongier When do foreign workers need to obtain a Canadian work permit? The rules often are misunderstood, and that misunderstanding can lead to complicated situations for employers and foreign workers. Sometimes the workers learn of the work permit requirement only upon arrival in Canada, and that can result in many […]

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below. […]