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Can’t Beet a Garden Party

Litigation Value: Zilch. An episode blissfully free of employment law problems! Tonight’s episode — the last of 2011 — brings up a reprise of “The Garden Party,” previously blogged by my colleague Brian Kurtz. Most of the action takes place outside of the usual office setting, at Dwight’s bucolic beet farm/budding party venue. In an effort […]

NLRA covers nonunion employers, too

by Gary S. Fealk The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.  Know what’s covered Protected activity in general. Any group of nonunion employees may engage in activity protected by the NLRA. Whenever employees engage […]

The long arm of the EEOC: Agency’s subpoena power is a force to be reckoned with

by Burton J. Fishman In 2007, the Equal Employment Opportunity Commission (EEOC) filed suit against Kroger, the grocery chain, because it rejected an applicant for a “cashier, bagger, stocker” position in part because of a poor score on an orally administered “personality trait” test prepared by Kronos, Inc. The applicant had speech and hearing difficulties […]

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 […]

Some interesting lessons from the U.S. Supreme Court

by Mark I. Schickman History will remember June 26’s U.S. Supreme Court decisions as the landmark cases supporting same-sex marriage, a coupling that will become commonplace in a decade or two. But these decisions and the affirmative action, Title VII of the Civil Rights Act of 1964, and voting rights cases that preceded them the […]

32 Recruiting Tactics Sure to Secure Millennial Interest in Your Organization

By Ryan Jenkins, host of Next Generation Catalyst  Millennials want an employer that fits their lifestyle, personality, and priorities. The death of company loyalty, the rise of remote, flexible, and project-based work, and the plethora of entrepreneurship outlets available today have forever changed the employer expectations of the next generations.

Employees Hold the Key to Employers’ Data Security

by Mark Wiletsky It has become almost commonplace to hear that a government agency or private corporation has been the victim of a data security breach. As a result, hundreds of customers’ or employees’ personal data is at risk of being used for criminal purposes such as identity theft. Approximately 70 percent of those breaches […]

New rule simplifies FMLA administration

by Lauren E.M. Russell The U.S. Supreme Court’s 2013 decision in United States v. Windsor created a lot of uncertainty in federal employment benefits. Because the federal government’s definition of marriage as a union between one man and one woman was deemed unconstitutional, the decision left unanswered the question of when same-sex spouses were eligible […]

Delaware’s Law on Same-Sex Unions Takes Effect January 1

By Adria B. Martinelli and Lauren E. Moak The new law allowing same-sex civil unions in Delaware and recognizing civil unions performed in other states goes into effect January 1, 2012 after being passed last spring. The law also changes all sections of the Delaware Code that mention marriage by requiring that the word “marriage” […]