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Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

Ground Rules for Workplace Friendships

By Dominique Jones, VP of Human Resources, Halogen Software Our social interactions affect our physical and emotional health, and even have an impact on workplace productivity. Research conducted by Gallup found that those with a “best friend,” at work, are seven times more likely to be engaged in their jobs with a subsequent positive impact […]

With Court Orders, Know Your Legal Obligations and Risk Considerations

Court orders can have direct and enforceable consequences in the workplace. While these matters arise from an employee’s personal life, employers are often legally obligated to comply with court orders and must do so without engaging in or exacerbating the underlying dispute. Failure to understand these obligations can result in statutory penalties, civil liability, or […]

Decision in Same-sex Spouse Pension Case May Violate ERISA

FedEx Corp. may have violated ERISA by not awarding pension death benefits to the same-sex spouse of an employee who died one week before the U.S. Supreme Court ended bans on gay marriage, although the company reasonably interpreted its plan’s limitation of benefits to opposite-sex spouses before the 2013 High Court ruling, a federal district […]

News Flash: Workers’ Compensation Resurfaces In Sacramento

  Last year Gov. Davis vetoed a bill to increase workers’ comp benefits. But, as expected, the issue has already emerged in a new bill, S.B. 71, that calls for a study to make recommendations for boosting benefits and implementing other workers’ comp reforms. Employer proposals include reducing permanent disability payments when an employee returns […]

Investment Adviser Penalized $15M for Failing to Diversify

A novel approach to determining damages owed by an investment adviser to two defined contribution retirement plans in an ERISA fiduciary-duty breach was part of a decision including a $15 million reimbursement request handed down recently by a New York federal judge. Plan sponsors should note that the defendant, WPN Corp., was ordered by the […]

Sexual Harassment: Court Broadens Your Responsibility For Supervisor’s Misconduct—Even If You Didn’t

You think you’ve done everything by the book. Someone complains that she has been sexually harassed, you immediately conduct aprompt and thorough investigation, and you decide to terminate the accused harasser, a low-level supervisor. But you’re sued for sexual harassment nevertheless, and the court rules against you. Why? Because you can be liable for harassment […]

In Today’s Economy, Is Wellness Doable?

Budgets are stretched tighter than drumheads—is there still a way to work in a wellness program? National Employee Health and Fitness Day is next Wednesday, and that makes this a great time to focus on wellness objectives. Readers of the Advisor are well aware that wellness programs work and can produce strong returns on investment […]