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Wal-Mart Employee Class Action in USA – Lessons for Canadian Employers?

By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]

Court ruling puts NLRB future in jeopardy

A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three […]

Leased And Temporary Workers: Why You Could Be On The Hook For Unintended Benefits; Action To Take Now

Supplementing your regular workforce with staff provided by an employee leasing company has become an increasingly popular way to keep administrative and benefit costs down and maintain labor flexibility. Many who use leased workers and long-term agency temps consider themselves immune from the risky misclassification problems that have plagued employers who use independent contractors. But […]

Plaintiff’s Attorney Fined for Withholding Evidence in ADA Suit

An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]

Workplace Negativity: Don’t Just Say No

News About the Nationwide EmployeeAttitude Survey Mentioned Last Week Last Friday, we asked if you would be interested in taking part in a nationwide survey of employee attitudes. The interest was there and the survey is a go. But we need your help. Please read more about this by scrolling down to view the National […]

HR Far Removed? I Don’t Think So (‘Seat at the Table’ Talkback)

Our recent epinion “Human Resources–STILL Not a Strategic Partner?” elicited a number of interesting responses from readers. One lamented about being the last to know, while others boosted the strategic importance of HR. Here are the responses: HR Far Removed? I Don’t Think So HR is far removed from the people and points that make […]

You’re Never Safe from Discovery of Improper Conduct

You are not alone, says attorney Jean Johnson. Write as if you’re being published, speak as if you’re being recorded, and act as if you’re being videotaped. Never expect that there is a secure place to engage in improper conduct, she says. Yesterday’s Advisor presented Johnson’s tips for lessening the danger of discovery. Today, more […]

Keeping Talent: How to hold on to your youngest workers

We’ve already written about how to attract Gen Y workers — or Millennials, as they prefer to be called — but keeping them is an entirely different story. “Millennials may be defined by the fact that they will never stop marketing themselves. Their resumes will be constantly updated online at social networking sites,” says Libby […]

At-Will Employment: Supreme Court Clarifies Termination Rights, But Personnel Policies Can Limit Your Options; 3 Ways To Protect Yourself

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 […]