Most Popular

3rd Circuit Rejects Call to Change $3K COBRA Notice Penalty

In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]

Facing Up to Facebook and Other Social Networking Web Sites in the Workplace

by Brian Smeenk What if one of your employees reports to you he is very upset about what a coworker (“John”) wrote in a social networking web site about their boss? The statements are false and injure the boss’ reputation. If seen widely, they would be hurtful to the boss’ family. You are shown the […]

No Sugar in Constructive Dismissal Lawsuits

By Alix Herber and Jessica Schnurr Think an employee in Canada has to quit before suing the employer for constructive dismissal?  Think again, says the Ontario Superior Court. An employee may pursue a constructive dismissal claim without quitting. Traditionally, faced with a unilateral change to a term or condition of employment, an employee had two […]

When Is ‘Ineligible’ Employee Covered By FMLA?

By Valeria Gomez, JD It’s no secret that the Family and Medical Leave Act (FMLA) provides leave benefits only for employees who fit the strict eligibility requirements set forth in the statute. Recently, however, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—ruled that an employer may not be […]

Emergencies: Can’t Predict, Must Prepare

Recent tragic disasters have certainly made it clear that no company, no matter how large or small and no matter the location, is safe from unexpected disaster. Terrorism, fire, tsunami, hurricane, or flood—the list seems endless, and no one is invulnerable. Some disasters are predictable. For example, if you have a facility in a flood-prone […]

The Rule Is ‘English only’! Capice?

By Lauren M. Cooper A much-debated issue is whether you may lawfully require employees to speak only English in the workplace. The simple answer is yes. This article will address the circumstances in which you may legally enforce an English-only policy and the potential legal risks that follow. Status Quo Ante Employers increasingly ask employees […]

8 Million Jobs Will Be Added Over the Next 5 Years

Yes, you read that headline correctly, eight million jobs will be created over the next 5 years! Even though employers are already struggling to attract new talent, more and more new roles are being created every minute. However, a new study from CareerBuilder finds that there is a hollowing effect in the labor market where […]

Second Obama WHD Nominee Goes Down in Flames

These Queen lyrics fit what’s going on with President Obama’s nominees to the Wage and Hour Division: And another one gone, and another one gone; another one bites the dust! President Obama withdrew the nomination of Leon Rodriguez to be Administrator of the Wage and Hour Division of the U.S. Department of Labor on Aug. […]

Don’t Be Rude to Job Applicants

In yesterday’s Advisor, we discussed the fact that many job applicants walk away from the process frustrated, often because of a perceived lack of information or follow through from employers. There are many ways the process can be improved. Here are a few more ways to treat applicants better: