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Bank of America Wins Suit Over Investing in Affiliated Funds

Court Fails to Find ERISA Breach  Plan sponsors, especially those in the financial services industry, have some assurance about their right to invest in affiliated mutual funds and other assets for their retirement plans, based on a recent ruling by an appeals court. The 4th U.S. Circuit Court of Appeals on Jan. 14 upheld the […]

What Motivates an Employee’s Lawyer?

by Jeff DeGraffenreid Recently, I met a plaintiff’s lawyer during a particularly expansive mediation. He was on the opposing side, and after we were through, I had the chance to sit down with him over a beer and pick his brain. I’d gone in with the notion that he was “in it for the money.” […]

Can employer use subjective criteria to evaluate workers during probationary period?

by Paul Côté-Lépine There is sometimes uncertainty surrounding the proper scope of evaluation for a probationary employee. Is an employer limited to relying on neutral, objective criteria, or can the employer also consider subjective criteria? According to a Quebec arbitrator in Syndicat des cols bleus regroupés de Montréal (SCFP, section locale 301) c. Montréal (Ville […]

Rolling the dice: the day I started BLR

From Dan: As a way to honor the individuals who have taught me critical life lessons about people and business, I’ve invited several to write guest columns to run in this space over the next few weeks. Today’s voice of experience is provided by Robert L. Brady, who founded Business and Legal Resources (BLR) in […]

What can I ask on a job application?

by Robert P. Tinnin, Jr. With the national and local economic downturn, an increasing number of unsuccessful job applicants are filing discrimination charges, and the Equal Employment Opportunity Commission (EEOC) and state law enforcement agencies are examining job applications more closely for evidence of unlawful bias. The focus of these agencies has not radically changed, […]

What Corporate Culture Are You Creating?

Earlier this week I was meeting with the CEO and owner of a company when the topic of corporate culture came up. I was interested to learn what the culture at his company was like. As he described his company’s culture, it was evident that many of the company’s traits mirrored that of the owner […]

Employee Excellence: No Tune-Up Needed

By Jen Carsen, JD I love my sturdy little Subaru – the all-wheel drive is particularly appreciated during our snowy New England winters! – but it’s a 2005 model that’s getting on in years (aren’t we all…). So I spend a fair amount of time at the auto body shop getting things looked at, tweaked, […]

And the Oscar goes to … tips for evaluating employee performance outside of Tinsel Town

Awards season is upon us and soon all of Hollywood will gather to celebrate its most talented actors and actresses, as determined by the Academy of Motion Picture Arts and Sciences.  Who will win the Oscar?  While this question is being volleyed about and fiercely debated among Internet pundits and armchair critics, the nominees themselves […]

DOMA is unconstitutional, but many questions left unanswered

Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.

Wal-Mart’s Follow-Up: A Consolation Prize for Unions?

By Chris Semerjian The Quebec Superior Court recently upheld an arbitration award against Wal-Mart regarding the  closure of its store in the town of Jonquière in 2005. That closure is now also affecting Wal-Mart elsewhere in Canada. The Saskatchewan Court of Appeal recently indicated that Wal-Mart’s actions in Quebec possibly could be perceived as an […]