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U.S. Supreme Court Building

SB 1070 conflicts with federal law on alien employment

By Dinita L. James Arizona’s attempt to make criminals out of those who work or seek employment while unlawfully in the United States suffered a fatal blow in the U.S. Supreme Court today. The 5-3 decision, written by Justice Anthony Kennedy, held that Congress already has “decided it would be inappropriate to impose criminal penalties […]

Judge to NLRB: time to stop protecting racist, sexist conduct

by Bart N. Sisk A federal judge recently called out the National Labor Relations Board (NLRB) for its history of taking a “cavalier and enabling” approach toward the “sexually and racially demeaning misconduct of some employees during strikes.” Let’s take a closer look at the case.  Judge appalled that NLRB gives ‘refuge’ to intolerable conduct […]

Keeping Millennials On Board and Happy

Yesterday we heard from Genevieve Carlton of Caliper on how to keep Millennials engaged and on board. Today we will discuss more from her on the topic. by Genevieve Carlton, Talent Management Consultant, Caliper

Making restrictive covenants enforceable

by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]

Dishonesty: When can you fire someone for it?

by Lindsey Taylor The British Columbia Court of Appeal recently reaffirmed that dishonest conduct may be just cause for dismissal without notice. Or it may not. To determine if it is just cause, the conduct must be assessed looking at the whole context of the employment relationship.

Is Breaking the Law Protected Activity by Employees When Filing an EEOC Charge?

Imagine this: One of your employees violates company policy and state law by disclosing confidential company records to the Equal Employment Opportunity Commission (EEOC) to buttress her discrimination charge. After learning about the activity, you fire the employee — who then sues you, claiming you retaliated against her for filing an EEOC charge. Does an […]

Changes to the residency requirement for grants of citizenship now in force

by Thora A. Sigurdson On June 11, the sections of the Strengthening Canadian Citizenship Act dealing with the residence requirements for citizenship came into effect. These sections apply to individuals who have obtained permanent resident status in Canada and want to apply for Canadian citizenship. In general terms, it will take longer and require a […]

training

How to Prevent Your L&D Department from Becoming Siloed

Learning and development (L&D) departments are becoming the most innovative departments across organizations because they’re embracing new technologies and key strategic partnerships, as well as exploring ways to work with and around the limits and opportunities that come with big data. This is also why they’re no longer the siloed departments that they once were […]

The Importance of Training in Instructional Design

“If trainers are asked to be designers, they have to be familiar with adult learning theory in instructional design if they are going to be effective,” Guilkey insists. And the same applies to subject matter experts if the task of designing a training session is assigned to them. “A lot of people being asked to […]

OFCCP, EEOC heads discuss enforcement focus: compensation

by Emily L. Bristol At a recent meeting of the labor and employment law section of the American Bar Association (ABA), Patricia Shiu, director of the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), discussed the agency’s focus on pay disparity and highlighted that during the Obama administration, the OFCCP has […]