Practical HR Tips, News & Advice. Updated Daily.
By Kyla Stott-Jess and Devin Crisanti Post-employment restrictions can be tricky to enforce. But if drafted properly, they can be valuable. As one Alberta employer recently discovered in ADM Measurements Ltd. v. Bullet Electric LTD, relying on implied fiduciary duties to do the job of contractual restrictions can be a pricey gamble. Background The employer, […]
Special from SHRM Annual Conference and Exhibition In California, in 2525, you’ll see the “Right to Select Your Own Manager Law,” quips attorney Jonathan Segal. His tongue-in-cheek predictions capped his 2012 review of employment law issues. Segal, a partner in the Philadelphia office of Duane Morris LLP offered his tips at the SHRM Annual Conference […]
Special from SHRM Las Vegas It’s not easy to comply when technology changes every day and the laws are archaic, say attorneys Chad Richter and Cynthia Sandoval. But that’s no excuse—employers have to deal in spite of the confusion. The two Jackson-Lewis attorneys (Richter from the Omaha office and Sandoval from the Newport Beach, California […]
by Elaine Young President Barack Obama recently announced a new immigration enforcement policy that opens new doors to thousands of immigrant youths. An estimated 800,000 young people have graduated from American high schools but aren’t authorized to work in the United States because they are here unlawfully. The new policy gives them a degree of […]
The Internal Revenue Service has issued the 2006 standard mileage rate commonly used to reimburse employees for the business use of a vehicle. The new rate will be 44.5 cents per mile, beginning Jan. 1, 2006.
From Dan: As a way to honor the individuals who have taught me critical life lessons about people and business, I’ve invited several to write guest columns to run in this space over the next few weeks. Today’s voice of experience is provided by Robert L. Brady, who founded Business and Legal Resources (BLR®) in […]
by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]
Some employees have tried to get around their at-will status by claiming long service and repeated promotions created an implied agreement that they would only be terminated for good cause. Now the California Supreme Court has made clear that this argument won’t fly. However, the court left the door open for a person’s at-will employment […]
Mediation is getting a second look from companies concerned about hair-raising judgments and settlements from traditional court disputes. Should your organization be looking, too? Mediation is a simple concept, says The Justice Center of Atlanta: “Bring both sides of a dispute together. With the assistance of a neutral mediator, enable them to speak their mind […]
By Beth Kahn and Timothy J. Toohey A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating her.