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Drug testing does not always violate fundamental rights

by Marie-Gabrielle Bélanger In Canada, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are regarded by our courts as an invasion of an employee’s privacy. But what about requiring targeted testing of an employee suffering from an addiction?

3rd Circuit Rejects Call to Change $3K COBRA Notice Penalty

In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]

Colorado civil union law takes effect May 1

by Rebecca Hudson Colorado’s new civil union law goes into effect May 1, meaning Colorado joins eight other states that permit civil unions or have similar laws that recognize them. Nine other states and Washington, D.C., allow same-sex marriage. Under the Colorado Civil Union Act, the state will recognize civil unions entered into by same-sex […]

Self-Funded Health Plan Can’t Shake Down Providers for Benefits Paid for Non-Enrollee

The sponsor of a self-funded health plan cannot escape its responsibility to ensure that only fully eligible people are enrolled. Illustrating this maxim is a self-funded plan’s sad quest to recover gigantic sums from health providers for services it paid on behalf of a non-beneficiary. The plan paid more than $1 million in claims for a […]

Best Source of Candidates? Internal—But It’s Not as Easy as It Seems

Internal recruitment has long been a crucial element of filling key roles within organizations. Such internal staff adjustments have a number of benefits; however, despite the benefits, many companies struggle to identify those employees who can and should be moved to a different role, whether laterally to a new function or upward into a position […]

Absence Policies and Leave Administration Lacking Rigor and Framework, Study Says

The widespread use of manual and improvised procedures to measure, mitigate and administer employee absence suggests that many employers are taking substantial compliance risks with regard to the Family and Medical Leave Act, according to the ADP Research Institute study, Total Absence Management: Two Decades After the Passage of FMLA. Even though lost productivity due […]

Hurricane

Hurricane season brings unique employer issues

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here are just a few of the questions employers are asking.  1.  Does the Fair Labor Standards Act (FLSA) require me to pay […]

Quebec City shootings: What can we learn from this tragedy?

By Brian Smeenk Six innocent men were shot in the back while praying in a Quebec City mosque on January 29. The apparently racially motivated act of violence makes us all pause to reflect. How could this happen? In a peaceful city like that? In a peaceful country like Canada? What is happening in our […]

You: ‘You’re Suspended!’ Employee: ‘Thanks, Boss!’

What can employers do when a disciplinary suspension is seen as a gift? Today’s expert offers practical discipline techniques. Most companies have progressive disciplinary policies for the right reasons: to provide managers and HR with the tools they need to make fair, consistent, and legally defensible employment decisions, says attorney Allison West SPHR. But sometimes […]