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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 […]

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 […]

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 […]

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 […]

To build or not to build? That’s the inclusion question

by Brad Federman Typically, an organization employs inclusion efforts because it notices there’s a morale issue within a certain group or within the organization as a whole, a legal challenge has been filed against the organization, or there has been an effort to organize a union. Unfortunately, many inclusion or diversity efforts fail because they […]

Should HR Be the Company ‘Watchdog’? Our Readers Talk Back

Just My E-pinion By Stephen D. Bruce, Ph.D.Editor, HR Daily Advisor Our recent The Company Watchdog: Should It Be YOU? e-pinion set forth the idea that HR was really the only part of any organization set up to catch illegal or abusive behavior toward workers. The column garnered many responses, but they didn’t tell a […]