Recruiting on the Cheap
Talent acquisition tips often make the assumption that a company has something it may not have: a robust recruiting budget.
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Recruiting Workers: Manager And New Employer Face Liability For Raiding Former Employer’s Staff; 3 Ways To Avoid Recruiting Lawsuits
It’s always disappointing when a top employee leaves your company. But disappointment can turn to disaster—and a lawsuit—if your former star takes along a group of other key employees. That’s what happened in a recent case in which the California Court of Appeal clarified the obligations of existing employees and competitors regarding attempts to lure […]
Cell Phones in Cars—Employees Crash, Company Burns
More and more often, accident victims are suing the employers when employees cause accidents while talking on cell phones. Today we look at a classic case—and what it means for your organization. (The following scenario, courtesy of our sister newsletter, the Safety Daily Advisor, is based on a real case.) Valerie Walker used her car […]
AEDs in Your Wellness Program? OSHA Says Yes
In yesterday’s Advisor, we discussed a life-saving device, the Automated External Defibrillator (AED). Today, we’ll cover legal and training issues relating to AEDs, and we’ll get a look at a special wellness program guide that can get your program into tiptop shape. A number of legal issues must be considered when working with AEDs: Prescription […]
Extraordinary damages not automatic in ‘cause’ cases
by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]
ERISA Does Not Free Self-Funded Plans from Paying Michigan’s Claim Tax
The Self-Insurance Institute of America has lost a round in its battle against a state-imposed tax on ERISA health plans. In a new ruling, the 6th U.S. Circuit Court of Appeals held that Michigan’s health care claims tax withstood SIIA’s preemption arguments, because the law doesn’t interfere with the parts of plan administration reserved exclusively […]
In ‘denial’: Alberta Court of Appeal revisits addiction in the workplace
by Hannah Roskey The Alberta Court of Appeal recently released its decision in Stewart v. Elk Valley Coal Corporation, a must-read for Canadian employers dealing with employee addiction issues. In lengthy reasons, a majority of the court agreed that there was no discrimination when an employee under the influence of cocaine was fired following a […]
HR Metrics Survey—What’s Being Measured These Days?
Big data is omnipresent in today’s business landscape. Metrics and analytics, along with the hypotheses drawn from them, are having a great impact on how decisions, big and small, are made—including in the field of human resources. So, what’s happening with HR metrics out there? What are your competitors measuring to gain an advantage? Help […]
Final ‘blacklisting’ rule for federal contractors issued
The long-awaited regulations implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule—were made final on August 24, even though change may be on the way as a result of litigation and legislation. The final rule, announced by the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council, will take […]
OFCCP: New, Aggressive Stance (Seemingly Out Of Nowhere)
Yesterday, we shared attorney David Fortney’s insights on OFCCP’s new affirmative action regulations. Today, more on what you need to know about the “new” OFCCP.