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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 […]

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.” […]

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 […]

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 […]

Transformation in the Very Nature of Employment

By Bruce Tulgan, founder and CEO of RainmakerThinking The worldwide business environment has become one of fierce competition, high risk, erratic markets, constrained resources, and unpredictable resource needs. Organizations and individuals are forced to adjust to the new normal of constant change and uncertainty. Employers of all shapes and sizes are constantly trying to become […]

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Retailer Reaches Settlement Over Discriminatory Criminal Background Screening Policy

Target Corporation, the second-largest discount store retailer in the United States, has reached a settlement with the NAACP Legal Defense and Education Fund (LDF) and the law firm of Outten & Golden LLP to resolve allegations that the company’s overly broad and outdated criminal background check policy discriminated against African-American and Latino applicants.