Tag: Employment law

Furloughs and Reduced-Hour Schedules As Alternatives to Layoffs

Layoffs have many downsides. Employee morale is guaranteed to drop. A company’s unemployment insurance premiums will rise, perhaps steeply. And if an employer provides severance packages and/or outplacement services, they could get very expensive. If layoffs are significant in number, a business may not be able to adequately compete once the economy turns around. And […]

Unforeseeable Circumstances Justify Layoff Without WARN Notice

The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more workers to provide 60 days’ advance notice of a plant closing or mass layoff. Sometimes employers need to act quickly to lay off employees and can’t provide the 60 days’ notice required by the WARN Act. A recent decision from […]

Take One for the Team

Litigation Value: $60,000 There was just too much going on last night on The Office. Two Episodes, multiple story lines, and several unlawful actions that could lead to big money damages against Dunder Mifflin -– and the new Michael Scott Paper Company. On the “Dream Team” episode, Michael and Pam set out to start the […]

Canadian Public Official Acquitted on Charges of Fraud, Breach of Trust

By Mark Colavecchia and Derek Knoechel In June 2003 George Radwanski, Canada’s federal privacy commissioner, resigned three years into his seven-year term amid parliamentary inquiries into travel and hospitality expenses. Several months later, the auditor general released a report leading to a lengthy police investigation of Radwanski’s expense claims. In March 2006, the former privacy […]

DOL Issues Opinion Letter on Wage and Hour Issues for Mandatory Unpaid Time Off

In today’s economic climate, companies are continually looking for ways to cut costs without cutting jobs and resorting to layoffs. One option many companies are considering is mandatory unpaid time off, sometimes referred to as an employee furlough. By requiring mandatory unpaid time off, companies can reduce payroll expenses by reducing the number of hours […]

New I-9 Form Required Starting April 3

All employers are required to verify the employment eligibility of their employees by completing a federal Employment Eligibility Verification Form I-9 for each worker. Employers can use self-audits to verify that the employment eligibility documentation kept on file for their employees is accurate. Recent changes Effective April 3, 2009, the list of documents acceptable to […]

Tips for HR to Manage an Overload of Resumes and Avoid Legal Issues

Unemployment rates have skyrocketed, many companies have downsized or implemented hiring freezes, and everyone seems to be looking for a job. The current economic climate has created an employer’s market for most organizations. Although it’s desirable to have many candidates for open positions, human resources pros may be drowning in the deluge of resumes pouring […]

Solicitation Defamation

Litigation Value: $75,000 No new episode this week (darned ER series finale), but that doesn’t mean there isn’t activity in Scranton. Shortly after Michael’s departure from Dunder Mifflin last week, Michael sent out an email to job seekers about the Michael Scott Paper Company. It read: Dear whom it may concern, Bored? Poor? Lonely? Not […]

Alcohol Addiction Is Not a Blanket Defense for Theft

By Dominique Launay There can be little doubt that dealing with employees suffering from the disease of addiction “whether to drugs, alcohol, or even gambling” is a challenge for employers. That challenge becomes greater when the employee raises the addiction as an excuse for engaging in misconduct. In a recent case, the question arose whether […]

A New Day for Union Relations: EFCA, Obama, and the NLRB

by Mark I. Schickman We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move all but eliminates […]