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Election

Who Would Make a Better Boss? Hillary or Donald?

Citizens across the United States are preparing to cast their ballot on Tuesday, November 8 and bring an end to what has been a very contentious Presidential election. While there are dozens of foreign and domestic policies to consider, CareerBuilder asks one important question: “If you had to choose, which candidate would you like to […]

Reductions in Force: How to Do It the Right Way Without Getting Sued

Sales are down. Expenses are up. You’ve tried everything and it looks as if your only alternative is to eliminate jobs. These not uncommon circumstances can turn into a high-stakes gamble, particularly because the graying of the American workforce puts you at risk for expensive age bias claims. So when you’re facing a restructuring, it’s […]

Recent events confirm racists, misogynists are not extinct

by Dinita L. James Last July, the nation celebrated the 50th anniversary of the Civil Rights Act of 1964. The focus rightly was on how far we have come as a society in eliminating discrimination on the basis of race, color, religion, national origin, or sex. Close on the heels of that celebration, however, recent […]

Sessions memo changes DOJ position on transgender discrimination

by Tammy Binford U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies. In an October 4 memo to U.S. attorneys titled “Revised Treatment […]

Play-or-pay factor: Affordability safe harbors

By Martin Simon If an employer covered by the Affordable Care Act play-or-pay requirements decides to play by providing health insurance coverage, it could still be hit with penalties if the coverage is “unaffordable.” Coverage is unaffordable if one or more of the employer’s full-time employees receives a premium tax credit because he or she […]

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 […]

U.S. Supreme Court expands SOX whistleblower protection

In the early 2000s, corporate and accounting scandals involving Enron, Tyco, WorldCom, and other publicly traded companies cost investors billions of dollars and prompted federal legislation to reform corporate financial practices. The Sarbanes-Oxley Act (SOX) covers everything from mandatory financial disclosures to enhanced penalties for white-collar crime to requiring a company’s CEO to sign corporate […]

Contractor Minimum Wage Increasing to $10.20

Federal contractors and subcontractors must pay their employees at least $10.20 per hour beginning January 1, an increase of 5 cents over the 2016 wage. Tipped workers, however, will receive almost a $1.00 increase, the U.S. Department of Labor (DOL) announced September 20 in the Federal Register.

Top 10: Compensation & Benefits Daily Advisor

9 Thinks You MUST NOT Include in Your Documentation Yesterday’s Advisor presented Attorney Franck Wobst’s key things you should include in documentation. Today, 9 things not to include, plus an introduction to Employee Compensation in Your State. Crimson Tide Coach Offers Seven Lessons for Every Manager Some of you might get tired of my use […]

FMLA Medical Certification: What You Can and Can’t Get Out of It

There’s not much more annoying than FMLA medical certification. You finally get the employee to turn it in, and it’s useless: “May need to stay home sometimes” or “Employee shouldn’t lift too much.” What to do! In Yesterday’s Advisor, we talked about new challenges posed by the FMLA. Today we tackle one of the most […]