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DOL Throws Surprise Birthday Party for FMLA–Final Regulations Issued

It was a surprise birthday party for the Family and Medical Leave Act (FMLA), says Susan Schoenfeld, JD; on February 5, 2013, exactly 20 years after the FMLA was signed, the U.S. Department of Labor (DOL) issued a Final Rule ahead of the planned regulatory schedule. Just what HR was hoping for—more complicated regulations. The […]

Could Taking on Unpaid Summer Interns Lead to Trouble Under the FLSA?

However, warns Evelyn Gentry, Faegre Baker Daniels LLP, there are downsides for employers that use unpaid interns, the most notable being potential violations of the FLSA. Misclassifying employees as unpaid interns, and thereby denying them federal minimum wage and overtime wages can result in costly litigation, civil fines, or both. Furthermore, employers who willfully violate […]

Holiday Season 2017 Poised to Change the Retail Landscape

For the first time, online holiday spending is expected to exceed in-store spending. So finds the 2017 Holiday Survey from Deloitte, the 32nd annual holiday survey conducted by the professional services firm.

Employee Leaves: What Should I Do When Managers Don’t Want to Reinstate Employees Who Went Out on FMLA/CFRA Leave?

We’re having problems with people coming back from FMLA/CFRA leave. Two particular situations worry us. In one case, the manager says, “I’ve redistributed the work and there’s no job anymore.” And in the other, the manager says, “We’ve hired a temp who is much better—we don’t want the person back.” Don’t we still have to […]

Tactical Considerations for Reference Letters in Canada

By Derek Knoechel As the authors of the July 13, 2009, Northern Exposure article “Canadian Employers May Be Obligated to Provide References” indicate, a positive reference letter can be worth its weight in gold to an employee who has been fired. But employers often don’t want to provide reference letters, and a reference letter can […]

Employer Goes Ballistic When Off-Duty Offense Goes Viral

By: Elaine Quayle It’s bad enough when an employee behaves badly on a business trip—but it’s even worse when the incident is videoed and goes viral internationally! Media reports say that Oleg Vedernikov, principal cellist with the Beijing Symphony Orchestra, was traveling with the orchestra by train when he propped up his bare feet on […]

Supreme Court of Canada Broadens Dismissed Employee’s Duty to Minimize Damages

By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Chalk one up for employers! In an era when the courts seem to be on a slippery slope of broadening employee rights, Canada’s highest court has given employers a break when it comes to assessing the costs of dismissing an employee without cause. In its decision earlier […]