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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 […]

Workers’ Compensation Mental Stress Claims May Be Expanded

By Bill Duvall Employers in Canada have taken comfort from the fact that most provincial workers’ compensation agencies provide benefits for workplace mental stress only in very limited circumstances. But that comfort may be threatened, at least in British Columbia. Earlier this month, the B.C. government introduced legislation that, if passed, will expand workers’ compensation […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

Benefits for Older Employees: Can They Be Excluded?

By Lindsey Taylor As we have discussed in previous editions, mandatory retirement across Canada is becoming a relic of the past. And employers are beginning to face the ripple effects. One of those ripple effects is benefits entitlement: Can Canadian employees over 65 be excluded from benefits? The answer isn’t clear. As a handful of […]

Thank those who helped you dream big, and then pay it forward

by Dan Oswald Have you ever had someone encourage you to dream big? Someone who said you could be anything you wanted to be? Maybe you were lucky enough to have a parent or grandparent who convinced you that there are no limits. Or maybe a teacher or coach inspired you to consider opportunities that […]

Are Sabbaticals Right for Your Company?

When the White House announced presidential daughter Malia Obama was taking a gap year between high school and college, many people thought it was a good idea. The break between schooling is usually used as an opportunity for young people to do something meaningful, pause from the routine, and return ready to focus on achieving […]

Anticipate great success at work in 2016

by Dan Oswald 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 […]

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Your Company's Image is Everything

I’ll never forget my first job interview. Hearing about how great this company was to work for made me want that job so much more. When I arrived, I had to wait a long time before meeting with the interviewer. I wasn’t given any information about the delay, wasn’t offered anything to drink, and wasn’t […]

It’s Checkup Time for Your Sexual Harassment Complaint Procedures

Well-written harassment complaint procedures and policies often make the difference between a successful defense and big-dollar settlements and judgments, says today’s expert. Tom O’Day, an attorney with the Milwaukee office of Godfrey & Kahn, S.C., says a recent case showed that an inadequate harassment complaint mechanism exposes employers to liability. Burger King Manager Won’t Stop […]

What Makes an Effective Record Retention Policy?

A record retention policy is a formal protocol for the saving and destruction of company records. It should include documents required to be kept by law or kept for business reasons, and it should cover both paper and electronic records, according to attorney Ronald J. Cooke, a partner in the Los Angeles office of Nossaman […]