Wellness Works, But Beware the Legal Landmines
Wellness programs seem like a simple, appealing way to reduce skyrocketing healthcare costs. But be aware that some programs can run afoul of federal and state laws.
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Can We Use the ‘Faltering Company’ Exception for Layoffs?
Normally, the Worker Adjustment and Retraining Notification Act (WARN Act) requires 60 days advance notice of a layoff, but there are several exceptions, including the “Faltering Company” exception. Well, we’re faltering, you may think, so we don’t have to worry about WARN, but it’s not as simple as that. Exceptions to the WARN Act Notice […]
Federal Defense of Marriage Act Found Unconstitutional … Again
Employers with employees who seek coverage under their benefit plans for their same-sex spouses would be justified in wondering exactly what they should do under federal law. The federal Defense of Marriage Act (DOMA) is still in force, but the Obama administration will not enforce or defend it. And now another court has found it […]
Steps to Reduce Conflict, Prevent Violence in the Workplace
Violence in the workplace is one of several concerns when you have conflict between employees. HR professionals need to take complaints and investigations seriously to ensure that situations don’t escalate, and they also need to be sure that safety and other legal obligations are being met. In a BLR webinar titled “Workplace Conflict Resolution: Peacekeeping […]
Making the Case for Workplace Wellness
For more and more workplaces, the cure for the upward spiral of employee ill health and healthcare costs is workplace wellness. The benefits can be significant.
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 […]