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FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled the U.S. District Court for the District of New Jersey as it permitted the FMLA […]

Getting Employee Feedback is Vital to Attracting and Retaining Talent

If you’re losing talent to the competition and having a hard time attracting new talent to fill the void, it may be time to look at your “people practices.” One way to find the cause of the problem is to ask your current staff what is and isn’t working, in their opinions. You can do […]

From Detasseling Corn to Worm Farming, Summer Hiring Heats Up

School is wrapping up for many across the country, which means more students will be looking for jobs to fill the void this summer. Fortunately for them, 41% of companies in a recent CareerBuilder survey say they expect to hire more summer workers for the second year in a row.

Alcoholism Policies and Accommodations –What DOL Recommends

Yesterday’s Advisor looked at alcoholism in the workplace. Today we continue with specific accommodation tips and an introduction to a program that has already written your alcoholism policy, plus 100s of others. Yesterday, we noted that under the Americans with Disabilities Act (ADA), if alcoholism limits any of an employee’s major life activities, it could […]

Supreme Court Roundup for California Employers: The Latest Labor and Employment Law Rulings Explained

Presented Tuesday, August 13, 2013 10:30 a.m. to Noon Pacific Order Option Price CD Recording & Materials $189 In one of the most anticipated decisions of the year, the U.S. Supreme Court ruled in June that Section III of the Defense of Marriage Act is unconstitutional, which paves the way for same-sex couples to potentially […]

Fire in the hole

Litigation Value: Fire in the Hole prank = potential assault and battery charges for Dwight (not to mention the dry cleaning bill); Toby’s awkwardly affectionate overtures to Nellie = fodder for a potential hostile work environment claim against the Human Resources Manager; and using the Dunder Code to hunt for the fake holy grail = priceless.  […]

marijuana

A Cautionary Tale Regarding the ‘Reasonable Belief’ Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.” Airgas USA Sued for Disability Discrimination Over Employee’s Hemp Use In Fisher v. Airgas USA, LLC, Fisher was an operation technician who used power tools, worked […]