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Should Noncompete Agreement Be in Purchase and Sale Agreement or in Employment Agreement?

By Chris Semerjian When Canadian employers are buying other businesses, the question of noncompetes often arises. But a noncompetition provision in an employment contract may not be the answer. According to the Quebec Court of Appeal in Guay Inc. c. Payette, 2011 QCCA 2282, you may be better protected by only having a noncompetition covenant […]

Layoff, Furlough, Pay Cut: Which Is Best?

The economy may be coming back, but many organizations are still struggling to contain costs. When labor costs are a major factor (when aren’t they?), companies have to choose between freezes, layoffs, furloughs, and pay cuts. When you’ve trimmed all the fat you can trim from operations and marketing and the budget still isn’t balanced, […]

EEOC: Asking Employees to Explain Medical Absences Violated ADA

Asking an employee to explain the nature of an illness that has kept them out of work violates the Americans with Disabilities Act, the Equal Employment Opportunity Commission is arguing in an ongoing California case. The commission sued retailer Dillard’s, which maintained a written policy requiring employees returning from sick leave to submit a doctor’s […]

The Power of Words

Most people would agree that strong communication skills — written or verbal — are an asset for any manager. The ability to communicate effectively can be a profound advantage in business. Words can be used to motivate, negotiate, intimidate, and validate. Words are powerful weapons and, when wielded by someone who is adept in their […]

So You Provide Meals for Your Employees. Is the Chef’s Salary Part of the ‘Direct Cost’?

One of the keys to this determination is comparing the cost of providing the meals to the revenue the operation brings in. There are “direct” and “indirect” costs, the latter of which do not go toward the calculation of the cost-to-revenue ratio that determines whether you are providing a de minimis benefit (and therefore one […]

Tighten Your Saddles

Litigation Value: Cathy showing Jim the “Talla-Nasty” = yet more fodder for Jim’s sexual harassment lawsuit; five dots = a murky texting area and potential lawsuit for Darryl; and watching Dwight work himself into a human bedbug trap = priceless. This After Hours episode has the gang engaging in conduct that should make any human resources […]

Our Week in Tweets: February 20th – 24th 2012

These tweets are pulled from our @HRDailyAdvisor account. Please follow us on twitter for more updates! RT @CalEmployer Just posted our 2012 Strategic HR Leadership Summit on LinkedIn. Join us in Vegas in May! http://linkd.in/xNlplc Thanks! RT @ebchampion: VERY INTERESTING STATISTICS: Health Costs Boggle, But Employers Won’t Cut Coverage: http://bit.ly/xeHPjX RT @weknownext: Pyrrhic Victory: Judge […]

Lessons Learned from Fight over Off-the-Clock Work

The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

By Stephen D. Bruce, PHR Editor, HR Daily Advisor The Supreme Court has agreed to hear a case concerning affirmative action in higher education. Meanwhile, the Office of Federal Contract Compliance Programs (OFCCP) has issued a proposed rule that would set goals for disability hiring. Affirmative Action is getting interesting. Supreme Court Review While the […]