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Loss of Qualifications: What’s the Employer’s Obligation?

By Gulu Punia What’s an employer in Canada to do if an employee loses a required qualification? For example, if drivers lose their licenses? If professional employees lose their accreditation? Is there a requirement to provide notice or pay in lieu of notice of termination? A recent appeal court decision in Ontario suggests that in […]

Part-Timers and Temps: Moneysavers or Moneypits?

People think using contingent workers is a down and dirty way to save money, says attorney Nancy M. Cooper, but there are expensive pitfalls that could erase that savings many fold. In today’s Advisor, Cooper demystifies part-timers and temps. Cooper chairs the labor and employment practice group at law firm Garvey Schubert Barer in Portland, […]

Know What Retaliation Is, So You Can Prevent It

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]

Employee Suffering from IBS Allowed to Proceed with Retaliation Claim

By Mara Cherkasky A former customer service representative who suffers from irritable bowel syndrome and claims she was harassed by her bosses and eventually fired for seeking leave under the Family and Medical Leave Act may move forward with her lawsuit, a federal court has ruled. The U.S. District Court for the Eastern District of […]

A “Get-Together”

Litigation Value:  Call it what you will — a get-together, party, or bacchanalia. By any name, tonight’s gathering at the soon-to-be-former home of Robert California could prove costly for both Dunder Mifflin Sabre and its chief executive. “Are you ready for some meatballs?”  At night’s end, The Office‘s figurative answer to that literal question by […]

Misclassifying Employees as Independent Contractors: Front-Burner Issue Again

by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]

When Non-Exempts Travel, Comp Gets Confusing

Travel by non-exempts outside the normal area brings two different sets of rules into play. (As we mentioned yesterday, exempt employees are expected to work as and when the job requires.) Special Assignment in a Different Location When an employee who regularly works at a fixed location in one city is given a special one-day […]

What’s Penn State Mean for HR? More Harassment Cases

Special from the Advanced Employment Issues Symposium, Las Vegas The unfortunate revelations of alleged sexual misconduct at Penn State and other schools will have one clear effect for HR, says attorney Mark Schickman: You’re going to see an uptick in harassment charges. Sexual harassment charges had been declining somewhat, but the recent publicity will reverse […]

California Public-Sector Employers Facing Challenging New Laws

Public-sector employers in California are facing an array of challenges in 2012 — declining revenues, out-of-control costs, fading reserves, and “a slew of bills further hobbling public agencies’ ability to control costs,” according to Jonathan Holtzman, a partner with Renne Sloan Holtzman Sakai LLP in San Francisco. Here’s a look at some new laws affecting […]

Travel Pay—Trickier Than It Should Be

Whether time spent traveling is paid work time depends on the type of travel involved: commuting, day travel, and overnight travel. Travel time that is work time is subject to both the minimum wage and overtime pay requirements of the Fair Labor Standards Act. (Don’t forget to check state laws on travel pay; some states, […]