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How the Newest Supreme Court Justice – Samuel Alito – Thinks

In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals  in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]

Even When Relieved of Duty, You Can Still Be Terminated

By Beth A. Kahn and James H. Demerjian A former Los Angeles County Sheriff’s Department deputy tried to take a “can’t touch this” position when he challenged his employer’s decision to terminate him for drunk driving and driving with a suspended license while he was on unpaid relieved-of-duty status. It didn’t work out for him […]

COBRA Penalties and Legal Costs Due to Notice Failure, Evasive Answers Rise to $126K

An employer/plan administrator continues to get an expensive lesson on the risks of having both inadequate COBRA notice procedures and poor explanations of how those procedures work. An “inefficient, unwieldy” notice process — coupled with evasive and contradictory answers from employees on why a qualified beneficiary did not receive a COBRA election notice — led […]

Employee solicitation: Do you have any recourse?

By Sébastien Gobeil We have often reported on how Canadian courts enforce, or do not enforce, noncompete and nonsolicitation clauses. But those cases have focused on the solicitation of the former employer’s customers or clients. What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have […]

An Ounce of Prevention: Establish an Effective Privacy/Cybersecurity Program

Data breaches have become common occurrences. Nearly every business—including nonprofits—collects, stores, and uses personal information (PI) that’s valuable to bad actors. All organizations store and process PI about their employees, and many nonprofits store and process PI about their donors and volunteers. Bad actors can cause financial harm to those whose PI is stolen, but […]

Sky-Not: AI’s Future in the Workplace

Artificial intelligence (AI) is here, and it’s here to stay. In fact, President Donald Trump recently signed an Executive Order that encouraged federal agencies to invest in research and development in AI, an area in which businesses have been leading the way.

Is Student-Loan Assistance the Perk of the Year?

Education assistance and student-loan repayment benefits may just be the hot benefit to watch—as a growing number of employers have recently announced they will be offering the perk, and many more say they’re thinking hard about providing it.

Enticing Job Candidates to Relocate

A previous Recruiting Daily Advisor article looks at how U.S. states are getting into the recruiting business by promoting affordability and quality of life in an attempt to attract job candidates.

Workplace Retaliation under the FMLA, ADA

An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.