Most Popular
What Employers—and Employees—Can Do to Help Close the Skills Gap
That was among the findings of “The Accenture Skills Gap Study,” an online survey of more than 1,000 employed and unemployed workers recently conducted by Accenture (www.accenture.com). The study also found that 52 percent of survey participants have acquired technology skills in the past 5 years, but significantly smaller percentages have updated their problem-solving skills […]
Profit at the Bottom of the Ladder
In her book Profit at the Bottom of the Ladder: Creating Value by Investing in Your Workforce, Canadian researcher Jody Heymann analyzes hundreds of interviews with front line employees to C-suite executives and concludes that your company can profit more from improving worker conditions than cutting wages, benefits, and other workforce expenses. As an example […]
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 […]
News Notes: Arbitrator’s Decision Not To Fire Trucker Who Failed Drug Tests Upheld
The U.S. Supreme Court has unanimously upheld an arbitrator’s decision reinstating a truck driver who twice failed required drug tests after testing positive for marijuana. Eastern Associated Coal Co. argued that it had the right to terminate the worker as a matter of safety and public policy under federal Department of Transportation safety regulations. But […]
Texas judge puts FMLA rule’s new definition of spouse on hold
For the time being, employers in states that don’t recognize same-sex marriage don’t have to comply with a new rule changing the definition of spouse under the Family and Medical Leave Act (FMLA). The rule was to take effect on March 27, but a federal district judge in Texas issued a temporary injunction on March […]
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.
Health System’s $400K HIPAA Settlement Shows Need to Update Business Associate Agreements
A Rhode Island health system’s $400,000 settlement of a federal Health Insurance Portability and Accountability Act (HIPAA)enforcement action illustrates the importance of keeping business associate agreements (BAAs) up to date when circumstances or regulations change.
Vendors Segment ‘Fiduciary’ Services as DOL Treads Water on New Definition
While most retirement plan sponsors and their vendors think being deemed a plan fiduciary is an “all-or-nothing” proposition, it is in fact becoming a growing continuum of service-provider job titles and responsibilities, one industry expert suggests. For example, a survey of 100 randomly selected, non-client plan sponsors conducted by retirement planning and wealth management firm […]
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 […]