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Reconsidering random drug and alcohol testing in Canada

by Hannah Roskey Random workplace drug and alcohol testing is generally prohibited by Canadian employers in Canada. However, there are limited circumstances in which it may be permitted. A recent decision of the Alberta Court of Queen’s Bench, Suncor Energy Inc. v. Unifor Local 707A, provides some further guidance for employers operating in Canada. And […]

The Vicker(s) Cometh

Tonight truly marked the beginning of the end for Michael Scott, as a new Scranton branch manager made his first appearance. Deangelo Vickers, played by Will Ferrell, started out with a Michael-esque quality of lovable dope, but it soon became apparent Deangelo Vickers is no Michael Scott. It became apparent when he asked Erin to change the […]

Use Summer to Motivate Employees

McBean, author of The Facts of Business Life: What Every Successful Business Owner Knows That You Don’t (Wiley, October 2012,), encourages employers not to wait until fall to review and adjust company directions. Especially if changes will involve employee training and/or hiring and training new employees. Most business owners probably look at the summer as […]

Can an Early Retirement Nudge Lead to a Lawsuit?

Employers are often reluctant to follow up on allegations made against employees nearing retirement age, both because of the fear of age bias claims, and because these employees stand to lose valuable retirement and other benefits if they’re terminated. For these reasons, employers sometimes suggest that the employee take early retirement rather than risk termination.

As Wellness Rule Deadline Approaches, Questions Remain

As the 2014 plan year nears, plan sponsors are still sifting through the recently finalized changes to HIPAA’s nondiscrimination rules on wellness programs. The rules, issued June 3 (78 Fed. Reg. 33158), legally took effect Aug. 2 and must be met for plan years beginning on or after Jan. 1, 2014. Along with raising the […]

Mid-Year Poster Check: Are You in Compliance?

You know that you have to post various notices that explain to your employees their rights under various laws. But merely posting isn’t enough. First of all, required notices must be posted prominently and conspicuously where they can be readily seen by both employees and applicants for employment. Second, you need to be sure that […]

Employer May Have to Allow Employee with Chemical Sensitivity to Work From Home

Employees with chemical sensitivity may be entitled to workplace accommodations, including permission to work from home, the U.S. District Court for the Southern District of Ohio ruled in Core v. Champaign County (July 30, 2012). Pamela Core, an employee at the Champaign County Department of Job and Family Services, had asthma and a severe chemical […]

Retaliation Roulette (a game we don’t want to play)

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Fair Labor Standards Act is no exception. The Labor Department’s Wage and Hour Division takes the anti-retaliation provisions of the FLSA seriously enough that it released a fact sheet (WHD Fact Sheet #77A) in December […]

San Francisco Retail Workers’ Bill of Rights to be implemented July 1

by Mark I. Schickman San Francisco’s new Retail Workers’ Bill of Rights is set to be implemented July 1, meaning many retail employers will have new obligations that go beyond areas that have previously been regulated. The new law covers any retail establishment with 20 or more workers that shares a “formula” with at least […]