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Noncompetes Often a Nonstarter

By Gulu Punia and Kyla Stott-Jess Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of […]

Increased Enforcement of Labor Laws a Top Priority for Obama Administration

One of the clearest indications of an administration’s priorities is the budget and the amount of funding provided to various programs. Budgets always have winners and losers and reflect the degree to which programs will be implemented. A review of President Barack Obama’s proposed budget and recent agency actions demonstrates that increased enforcement of labor […]

Retroactivity for Same-gender Spouses Goes Back to June 2013

IRS on April 4 said rules that do not distinguish between same- and opposite-gender married couples in tax and federal retirement plan provisions will be in effect retroactive to June 26, 2013. This date is when the U.S. Supreme Court held in U.S. v. Windsor, S. Ct. 2675 (2013) that the lack of recognition of […]

Learn About Pregnant Employees Workplace Rights During Nov. 11 #hrintelchat

Are you treating your pregnant employees properly? Do you have to offer them an accommodation? There’s been a flurry of action around treatment of pregnant employees under the Pregnancy Discrimination Act, some of which has been confusing. The PDA says you have to treat pregnant employees in the same manner you treat other employees who […]

Health Reform News: Final SBC Rule Tries to Eliminate Redundancy with SPD

The departments implementing health reform can turn around a project when they are under the gun. Responding to concerns that the new “summary of benefits and coverage” (SBC) mandated by the health reform law is redundant, HHS, DOL and Treasury/IRS quickly turned around a final rule that eases some SBC requirements. The final rule and […]

Further clarification on ‘unjust’ dismissals

By Louise Béchamp As we reported previously, employers in Canada’s federal sector have had the right to dismiss employees without cause with one caveat. Only if the dismissal was not “unjust” within the meaning of section 240 of the Canada Labour Code. In Wilson v. Atomic Energy of Canada, the Federal Court of Appeal determined […]

Top Employment Issues for States in 2009: Part 2 – FMLA, Discrimination, Minimum Wage, Safety

Last week, we discussed four employment law issues state legislatures will be grappling with in 2009 — layoff notification laws, immigration, the Americans with Disabilities Act (ADA) and it’s state equivalents, and unemployment benefits. This week, we’ll discuss four more – family and medical leave, workplace discrimination, minimum wage, and occupational safety. As with last […]

Jenner, Dolezal, and the transformative debate

The names Caitlyn Jenner and Rachel Dolezal have been inexorably intertwined over the last couple weeks by the mainstream media and social pundits, including a debate as to whether these two individuals’ circumstances should even be intertwined because they represent entirely different discussions regarding social justice and identity. As most know, Caitlyn Jenner, formerly known […]

Managing the Millennials in the Workplace: Part 2

by Stephen J. Stine Last week, we examined who the Millennials (members of Generation Y) are and tips for managing them in the workplace. This week we’ll look at some of the challenges they present to employers and how to deal with them. Audio Conference: Are You Ready for the Millennials? What HR Needs to […]