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Getting the most from Gen Y: Research delves into the Millennial mindset

by Tammy Binford Consider the modern workforce: The up-and-coming Gen Y Millennials sit alongside Gen Xers, baby boomers, and even a few 70-and-older workers who’ve decided to delay retirement or skip it altogether. Researchers tout an era when four distinct groups inhabit the workplace—those born in 1945 and before, the boomers born from 1946-1964, Generation […]

FMLA leave may be used to care for a disabled adult child

by Edward Sisson The acting deputy administrator of the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation (AI) No. 2013-1 on January 14 to explain the WHD’s position on who is considered a son or daughter under Section 101(12) of the Family and Medical Leave Act (FMLA). The […]

EEOC’s use of ‘race raters’ against Kaplan University gets failing grade

by Judith E. Kramer On January 28, a federal court ruled in favor of Kaplan Higher Learning Education Corp. and Kaplan University in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The EEOC had alleged that Kaplan’s use of credit history reports in making hiring decisions violated certain provisions of Title VII of […]

Veganism may be a religious belief requiring accommodation

by Rebecca A. Kopp The U.S. District Court for the Southern District of Ohio has expanded the practices that may be considered protected religious views. The court refused to dismiss a vegan employee’s federal and state religious discrimination claims and permitted the parties to engage in further discovery (the pretrial exchange of evidence relevant to […]

The FMLA turns 20

On February 5, 1993, the Family and Medical Leave Act (FMLA) became the first legislation signed into law by President Bill Clinton. On February 5, 2013, the U.S. Department of Labor (DOL) celebrated the 20th anniversary of the Act by publishing new FMLA regulations and holding a special event attended by President Clinton, former Secretary […]

The power of a PIP – performance improvement plan

By Marie-Julie Lanctôt Under their management rights, employers may establish fair, accurate, and achievable performance standards. A recent decision from the Labour Relations Board of Quebec, Piché et Impérial Tobacco Compagnie ltée, 2012 QCCRT 0600 (decision available in French only), serves to illustrate how Canadian employers may properly dismiss employees for poor work performance despite […]

Workers’ Comp 101: When Can You Discipline an Injured Worker?

How can you stay in compliance with workers’ compensation laws when disciplining a worker who was previously injured? Administering discipline in this scenario can be tricky, but it can be accomplished by following some guidelines: have good cause, treat employees consistently, and have good documentation. Workers’ Comp 101: Disciplining an Injured Worker with Good Cause […]

DOL Throws Surprise Birthday Party for FMLA–Final Regulations Issued

It was a surprise birthday party for the Family and Medical Leave Act (FMLA), says Susan Schoenfeld, JD; on February 5, 2013, exactly 20 years after the FMLA was signed, the U.S. Department of Labor (DOL) issued a Final Rule ahead of the planned regulatory schedule. Just what HR was hoping for—more complicated regulations. The […]

How to Deal with Employee Depression and Work Restrictions

Dealing with depression and work restrictions for an employee can be complex. Oftentimes the first piece of information an employer receives about an employee’s medical condition, especially for depression or other mental illnesses, is a note from the doctor that outlines some type of restriction, such as “James must be off of work this week […]

Public-sector Employers Face Additional FLSA Classification Risks

Local governments and municipalities face many of the same wage and hour challenges as other employers, but they must deal with unique issues that could subject them to litigation if they aren’t fully up-to-speed on their compliance obligations. One tricky issue involves the proper classification of all workers — whether they fall under one of […]