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Safety incidents: the right to remain silent versus the obligation to speak

by Deanah Shelly What if this happens at your Canadian facility: One of your employees witnesses a workplace incident. Soon, enforcement officers are on-site investigating the incident. They may be police officers, health and safety inspectors, or environmental officers. One of the investigating officers asks the employee to assist and provide a witness statement. What […]

Case Study: TCU Aces FMLA Quiz

The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA Interference? The FMLA forbids employers from retaliating against an employee for seeking FMLA leave. It also (unlike most other employment laws) […]

Optimism Bias

Popular culture is awash with overt and subconscious messages instructing us to think positively. From children’s stories about the “Little Engine that Could” and his mantra of “I think I can. I think I can” to self-help books for adults professing the genuine, mystical power of positive thought, the message is clear: It’s positive to […]

Gig

Gambling on independent contractor status? Stack the deck in your favor

by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors.  What’s all the fuss about? Various government agencies have been increasingly […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

How to Stop the “Great Reversal”: A 4-Step Strategy for Female Retention

The recent Census Bureau data is a wake-up call: the gender pay gap is widening for the first time in twenty years, and female representation in leadership is stalling. For HR professionals, “business as usual” is no longer an option. To move from declining commitment to meaningful progress, Shelly MacConnell, Chief Strategy Officer at WIN, […]

Bullying in the Workplace: New Laws or Stronger Employer Policies?

Bullying in the workplace is an issue that 72 percent of Americans are aware of, according to a 2014 survey by the Workplace Bullying Institute. However, the institute believes not enough is being done to fight this problem because workplace bullying is not considered protected discrimination under federal employment law. So through its Healthy Workplace […]

Strategies for Smart Salary Surveys

Yesterday, we got some important guidance on job descriptions as they relate to your compensation program, courtesy of John Rubino of Rubino Consulting Services. Today, Rubino’s thoughts on salary surveys: the good, the bad, and the potentially illegal.