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What You Should Really Expect from Recently Promoted Employees

Unfortunately, there isn’t typically one set of tools or metrics you can rely on when evaluating newly promoted employees. How employees should be evaluated once they’re promoted depends on a variety of factors, such as their current skill sets and experience levels, the size of the project or team they’re overseeing and the team’s expertise, […]

When does post-termination conduct amount to cause?

by Jennifer Shepherd Can a Canadian employer justify an employee’s dismissal for acts committed after he or she has been fired? The answer is: sometimes. In Gillespie v. 1200333 Alberta Ltd., an Alberta court overturned a lower court ruling that permitted an employer to retroactively justify an employee’s termination because the employee removed confidential documents […]

Deductions from Pay: When Exempt Employees Take Time Off for Personal Reasons, Can We Deduct from Their Pay?

When employees take time off of work for doctor’s appointments, we expect them to make up the time. If they don’t, we deduct from their paychecks for the hours they are gone. Some exempt employees have complained about this practice. I thought if they take personal time, we could deduct. Are our deductions legal? What […]

Bonuses and the Law: What You Need to Know

Bonuses are great motivators, but the legalities must be considered. Here’s what you need to think about. The recent Daily Advisor article on bonuses prompted reader questions on how these extra sums paid to workers, at holiday or other times, are viewed by the government, both in terms of taxes withheld and in light of […]

Hiring Employees: EEOC Proposes Definition of Applicant for E-Cruiting Purposes; Part 2: How to Standardize Your Application Procedures and Retain the Right Records

As we reported last month, the Equal Employment Opportunity Commission (EEOC) is tackling a vexing problem that’s a sign of the times—defining who, among all those who contact you over the Internet or via other electronic technology about work, is a true job applicant for purposes of complying with your federal recordkeeping requirements. The EEOC, […]

New Alabama noncompete law starts in January

by Al Vreeland A bill signed into law over the summer will significantly strengthen Alabama employers’ ability to enforce noncompete agreements when the law takes effect January 1, 2016. The state’s old noncompete statute makes a broad statement that noncompete agreements are void. It then creates several exceptions into which courts have shoehorned the modern […]

News Flash: Los Angeles Jury Awards $551,000 To Sexually Harassed Employee

Darlene Edgington worked for plumbing contractor C. Herb Berger Inc. in Santa Monica. According to Edgington, the company president Ricky Berger referred to her as “buffalo buns” and told her to perform sexual acts on another employee. And the vice president allegedly drew and circulated a nude sketch of Edgington. Plus, Edgington accused management of, […]

Record HIPAA Settlement: Advocate Health Care Pays $5.55 Million

Advocate Health Care Network (Advocate) has agreed to pay $5.55 million to settle with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), multiple potential Health Insurance Portability and Accountability Act (HIPAA) violations involving electronic protected health information (ePHI). This is the largest HIPAA settlement to date against a single entity.

Scam alert! NHES warns of e-mail identity theft con

by Christopher J. Pyles New Hampshire Employment Security (NHES) has recently become aware of an identity theft scam being directed at employers. NHES is warning that e-mails coming from an address ending in “@detma.org” and using a subject line referring to “time-sensitive material” are being sent to businesses in an effort to obtain employees’ wage […]