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‘Knowing and Voluntary’—Tricky Requirements

A waiver in a severance agreement is only valid when an employee “knowingly and voluntarily” consents to the waiver, say attorneys Lloyd Aubry and Armilla Staley-Ngomo. Reaching that standard can be challenging. The rules for waivers under the Age Discrimination and Employment Act (ADEA) are defined by the Older Workers Benefits Protection Act (OWBPA). Rules […]

independent

Make the Candidate Experience Your Focus

In part one of this article, we noted how frustrating it can be to lose a qualified applicant during the recruiting process—especially if that person walked away because of something the organization could have done differently. We began outlining some tips for recruiters and hiring teams to improve the candidate experience to minimize how often […]

Obama pushing to make more workers eligible for overtime

The latest development in President Barack Obama’s continuing effort to boost pay for low-wage workers is coming in the form of a plan to increase the number of workers who  are eligible for overtime pay. A March 11 report on The New York Times website says Obama will direct the U.S. Department of Labor (DOL) […]

For First Time, 22,000 Mounties Can Begin Organizing in 2010

By Sara Parchello The face of unionization in Canada is changing. Although it’s declining in the private sector, it’s increasing in the public sector. A few recent decisions by Canadian courts show this trend. The most recent is a decision involving the Royal Canadian Mounted Police (commonly known as the “Mounties”). On April 6, 2009, […]

Insurance for Employee Lawsuits: Liability Insurer Leaves Employer in the Cold on Defamation Claim by Former Employee; Do You Need EPL Insurance?

You pay hefty premiums for liability insurance. So when a former employee sues your company’s president, you expect that your insurer will defend your organization. But as one employer recently found out, even if you think your insurance policy should cover employment-dispute lawsuits, it probably contains an employment-related practices exclusion—and you could be left to […]

HR’s flu season concerns: absenteeism, presenteeism, vaccinations, and employment law

by Michael Barnsback According to the Centers for Disease Control, the flu season “most commonly peaks in the U.S. in January or February.” In its last weekly flu advisory report, the agency reported that flu is widespread in more than half of the country and many states are reporting severe outbreaks. The CDC says “the […]

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]