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NLRB’s McDonald’s franchise determination called ‘aggressive play’

A National Labor Relations Board (NLRB) ruling that the McDonald’s corporation is a joint employer with its franchisees is a departure from longtime precedent that’s drawing fire from the fast-food giant and other business interests. The NLRB’s Office of the General Counsel released a statement on July 29 saying the Oak Brook, Illinois-based corporation could […]

Littler’s EEOC Activity Report–No Relief for Employers

Littler Mendelson’s recently released Annual Report on EEOC Developments—Fiscal Year 2012 indicates that the agency recovered a total of $365.4 million in monetary benefits in FY 2012, the highest level ever achieved through the administrative process. In addition, in settlement of 254 EEOC lawsuits, the EEOC recovered an additional $44.2 million. Employers beware. The report, […]

Ask the Trainer: Reinforcement and Recognition

A: Content and delivery are not necessarily to blame when training fails to drive long-lasting behavioral change. More often, the blame rests with a lack of reinforcement back on the job, says Mike Ryan, senior vice president of Marketing and Strategy for Madison Performance Group (MadisonPG.com). “Training is a key business imperative, but the long-term […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

Self-Insurance: A Popular Choice for Every Size Plan Sponsor

By Michael Jordan, MagnaCare Self-insurance has become an essential cost-control strategy for a number of large plan sponsors. Today, a growing number of small and midsize plan sponsors also recognize the opportunity to rein in staggering health coverage costs by switching from a fully funded plan to a self-insured plan.

Getting the interview right: Try out some new questions

by Tammy Binford It’s a rare HR professional who hasn’t struggled with the question, “How can I make certain I’m getting the most useful information during job interviews?” Asking insightful questions goes a long way toward addressing the problem, but figuring out just what to ask can be tricky. Will a particular question elicit a […]

Bulletin: CEA welcomes new board member Lloyd W. Aubry, Jr.

We are pleased to welcome Lloyd W. Aubry, Jr., the newest member of our Editorial Review Board. Mr. Aubry, of counsel in the San Francisco office of Morrison & Foerster, has served as director of the California Department of Industrial Relations and as the State Labor Commissioner. In this position he headed the Division of […]

Layoff as constructive dismissal: a cautionary tale for employers

By Ralph N. Nero and Keri L. Bennett When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive […]

Gender Change May Be a Physical Disability

By Jonathan C. Sterling As we have reported in the past, transsexual employees may be protected from discrimination, at least in some cases, by federal and state law. The decisions granting that protection have treated such discrimination as a violation of gender or sex discrimination law. However, courts have been reluctant to recognize that transsexual […]

3 Keys to Avoiding Hiring Hassles—Train, Train, Train

In yesterday’s Advisor, we covered legal issues related to contact management, or how to avoid turning “contacts” into “applicants,” courtesy of Peopleclick ® Research Institute’s Lisa D. Grant Harpe. Today, we’ll cover the rest of her discussion and take a look at a unique training system for supervisors and managers. Harpe, an industrial psychologist and […]