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Baby, Baby, Please

Litigation Value: Not much. With collective attentions devoted almost entirely to the miracle of childbirth, the Scranton branch didn’t leave us much to work with tonight. Whereas Dwight Schrute’s senseless destruction of Jim and Pam Halpert’s kitchen cabinetry exposes him to a cornucopia of civil and criminal liabilities in his own right, it’s unlikely that […]

NAIC Delays Vote on Model Law Raising Stop-loss Attachment Points

A proposal to raise specific attachment points in a stop-loss model act to a level that proponents of self-funding say would restrict smaller firms’ ability to self-insure health benefits was delayed after an Aug. 11 debate hosted by the National Association of Insurance Commissioner’s ERISA working group. The working group cited the need to study […]

Employees Hate Each Other? Readers Disagree with Our Suggestion

In his e-pinion on this page a few weeks ago, Dan Oswald suggested that when two employees hate each other, the best course may be keeping the most valuable employee and firing the other one. Most readers didn’t agree. Oswald’s original story is found here in The Oswald Letter. The full text of all the […]

ERISA, FLSA, FMLA Penalties Increased by DOL Rule

By David Slaughter, JD, Senior Legal Editor Maximum penalties for violating many employment and benefits laws were increased, some of them substantially, by the U.S. Department of Labor (DOL) in a departmentwide rule published July 1 (81 Fed. Reg. 43429).

Workplace computer porn: court rules employees’ privacy rights limit police

by Jennifer Shepherd On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant. Facts A […]

Anticipate Great Success at Work in 2016

The opening line of Carly Simon’s 1971 song Anticipation is “We can never know about the days to come, but we think about them anyway.” As I write this, it’s the first day back at work in the new year, and anticipation sums up the way I feel today. Webster’s defines anticipation as “a feeling […]

Puzder hearing set for January, Dems defend overtime rules

The Senate has scheduled a January confirmation hearing for President-elect Donald Trump’s pick for secretary of labor. Trump’s nomination of Andy Puzder, CEO of CKE Restaurants, was the death knell for the U.S. Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime regulations, according to John Husband, a partner at Holland & Hart […]

Do You Have a Strategic Recruitment Marketing Strategy?

Attracting the right candidates is a difficult task and savvy recruiters must be creative and innovative. A recruiter’s primary goal is to quickly fill openings with people who possess the knowledge, skills, abilities, and cultural fit for their organization’s needs. The days when you could post an opening on a job board and receive plenty […]

New law bans New York City employers from asking for salary history

by Charles H. Kaplan and Theresa M. Levine Employers in New York City will be prohibited from asking applicants about their previous salary when an amendment to the New York City Human Rights Law (NYCHRL) goes into effect on October 31. The amendment prohibits employers from asking about applicants’ wages, salaries, benefits, and other compensation […]