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By Jessica Arnold, JD The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between […]
By David McDonald In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, […]
The concept of service animals in the workplace has been around for quite some time, but many managers, especially those at smaller companies, may not have yet had to address it. With regard to employees, you can treat a request for a service animal the same as any other accommodation request, meaning you are obligated […]
A new CareerBuilder survey finds that 56% of the nation’s workforce believe they are overweight, and 45% believe they’ve gained weight at their present job, on par with last year. Twenty-five percent of all workers said they gained more than 10 pounds at their current job; one in 10 (10%) gained more than 20 pounds.
If you haven’t heard of asynchronous communication within a workforce, it’s the practice of not bringing everyone together into regular large meetings. It means not requiring an immediate answer when sending an e-mail or another communication. Basically, it means employees have control over when they communicate with their teammates, and it’s perfectly designed for truly […]
Employers can give employees up to 2½ months after the end of the plan year to spend unused money in their flexible spending accounts (FSAs). Since so many plans have a calendar-year basis for their plan years, many employers and plan administrators that chose to grant the grace period are handling claims from last year […]
For decades, American employers have relied on judicial precedent and the Federal Arbitration Act (FAA) to enforce predispute mandatory arbitration agreements, which are signed before any known conflict arises between the employer and the employee (typically at the beginning of the employment relationship) requiring them to arbitrate any future employment disputes. They often contain provisions […]
The rise of AI has inspired both hope and fear in the workplace. Its ever-changing abilities and the shifting legal landscape leave a lot of workers and HR professionals in a nervous state. While executive leaders search for ways to implement AI as effectively as possible, some still question whether the workforce will become less […]
Exclusion and avoidance are actions that managers may not realize are forms of retaliation, says “recovering litigator” Jonathan A. Segal, one of SHRM’s most popular speakers. Segal, who is a partner in the Philadelphia office of law firm Duane Morris LLP, offered an update to his “Harassment Quiz” at the SHRM Annual Conference and Exposition, […]
New research shows that hiring managers are becoming more accepting of candidates with criminal records in the wake of the recruiting crisis.