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Family and Medical Leave: Ruling Makes It Tougher for Employees to Prove a Serious Health Condition Entitles Them to Leave; Medical Certification Requirements

Antonina Lonicki worked as a technician in the sterile processing department of Sutter Health Central in the Sacramento area. Lonicki performed the same work duties at a second job on weekends for Kaiser Permanente. Over time, Lonicki alleged, her Sutter workload increased and became hectic and stressful. One day, when Sutter unexpectedly changed Lonicki’s shift, […]

Who is GINA, and why should I care about her?

by Mark Jeffries Those of us in HR and the field of employment law sometimes feel like we’re being force-fed a veritable alphabet soup of federal statutes. We have to mind our p’s and q’s under the FLSA, FMLA, ADA, ADAAA, and ADEA, just to name a few. But there’s a relatively young law that […]

Perks—Do Yours Measure Up? Who’s Offering What?

Help us find out! Please participate in our brief survey and see how what you are doing stacks up against what other successful companies are doing. Who’s offering what perks out in the real world? Wellness Life, Accident, Pet Insurance? Flex, Child care, Telecommuting? Financial Planning, Legal Assistance, EAP? Tuition Reimbursement? What else? Participate in […]

The Time for Bold Action

In difficult times such as these, with the economy in disarray and unemployment at a 20-year high, the natural reaction for many is to pull back. We want to do the safe thing. Recessions are a time to make cuts, reduce risk and weather the storm. Whether you’re talking about individuals or organizations, this is […]

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 […]

Love Lost: Canadian Court Refuses to Defer Buyback of Terminated Employee’s Shares

By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]

When are criminal charges none of your business?

by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The […]

HRDA Frankly Speaking: Strategic Courage

As HR professionals, and really as people, we opt to be nice and polite when dealing with anything in the workplace. But what happens when that blanket “agreeable”-ness produces a stagnant and stale environment instead of something productive? When the status quo becomes more harm than good, how can you break the mold? Amira Barger, […]

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 […]