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NLRB Foes Marshaling Forces Against Obama’s Recess Appointments

Will President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) stand? Some in the business community and Congress hope not, and they’re taking action. Two House actions have been filed in opposition to the appointments: H.R. 3770, sponsored by Representative Jeff Landry (R-LA.), would amend federal law “to provide that payment for […]

Loyalty Unchecked Leads to Headaches and Heartache

Legendary college football coach Joe Paterno died on Sunday after a battle with lung cancer. But by many accounts, some people who knew him well say the 85-year-old died of a broken heart. I think Joe Paterno’s career at Penn State University is worth closer examination because there are lessons for employers and employees alike. […]

Part-Timers, Temps, Interns, and Volunteers: Moneysavers or Moneypits?

Cooper chairs the labor and employment practice group at law firm Garvey Schubert Barer in Portland, Oregon. Her tips came at a recent BLR-sponsored webinar. Technically, What’s a Part-Timer? Regular part-time employees are workers who are normally scheduled to work fewer than 40 hours per week and who are not designated to receive the typical […]

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 […]