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Family Responsibility Discrimination (FRD): Not a Law but Still a Threat

Family Responsibility Discrimination (FRD) is clearly one of the hot HR topics of the day, but what does it really mean? What should you do about it? Today’s expert, attorney Christopher M. Leh, a partner with Boulder, Colorado, office of law firm Holland and Hart LLP, answered those questions and more during a recent BLR […]

The Holiday Present Employers Don’t Want: Mitigating Risk During the Holiday Season

The holiday season is generally a time for celebration. However, employers should be particularly vigilant in their efforts to mitigate risk for employment claims. Below are some issues to keep in mind. Reducing Risk at Holiday Parties Holiday parties offer a great opportunity to connect with coworkers and colleagues. However, employers should consider the risks […]

EEOC Issues New Wellness Rules: The GINA Rule

By Senior Legal Editor Joan Farrell, JD The Equal Employment Opportunity Commission (EEOC) has issued a final rule on employer-sponsored wellness programs in relation to the Genetic Information Nondiscrimination Act (GINA). The GINA wellness rule provides guidance for employers that offer incentives to an employee for information from the employee’s spouse about a manifested disease […]

Employee Dating: Is There a Way to Control Employee Relationships?

We have an issue around employee dating. We tried a no-dating policy, but we can’t seem to put any teeth into it. When we confront two employees we think are dating, they say, “Hey, we’re not dating—a few of us like to get together after work for drinks.” And another couple wouldn’t answer because “It’s […]

Ask the Expert: Are There Exceptions to State Meal Break Requirements?

Question: Are there any exceptions to meal and rest break requirements, and are there meal penalties for not allowing staff to take proper breaks? Can we allow employees to waive their meal breaks if they work six hours instead of eight? Answer: This question is mainly controlled by state law. Federal law, for its part, […]

Discipline for off-duty cocaine use justified in safety-sensitive workplace

by Rosalind H. Cooper A recent decision of the Supreme Court of Canada in Stewart v Elk Valley Coal Corp., 2017 SCC 30, has confirmed that employers have the ability to take disciplinary action against employees for drug and alcohol use in safety-sensitive workplaces. The worker in this case was employed in a mine where […]

Objective medical proof not necessary for accommodation duties to arise

By Marc Rodrigue Under human rights legislation across the country, Canadian employers have a general duty to accommodate employees who are unable to perform their work for a period of time because of illness or disability to the point of undue hardship. This may require an employer to grant an employee a leave of absence […]

Going for Broke

Litigation Value: $0 – 300,000 Well, it didn’t take long for the Michael Scott Paper Company to go broke. Surprisingly, it wasn’t because of any judgments for sexual harassment, unfair competition, or defamation.  Not surprisingly, it was because of irresponsible pricing. During its short tenure, Michael’s company could have been sued several times.  Unfortunately, it […]

What Are the Rules for Mixed-Motive Bias in California?

In early 2013, the California Court of Appeals ruled in favor of an employee in a so-called “mixed-motive” case (when an employer has both unlawful and legitimate reasons for taking an adverse employment action) brought under the state Fair Employment and Housing Act (FEHA).

Managers Don’t Need Answers—They Need Questions

In today’s Advisor, Dan Oswald suggests that managers shouldn’t try to have all the answers; the real key to great management is asking the right questions. Oswald writes on Business and Leadership at the Oswald Letter blog. Before I headed to the airport today, Bob Brady handed me a book and said something like, “This […]