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“Let’s Keep the Temp Instead”

Yesterday, we looked at some of the reasons that fathers don’t like to take time off, including the fear of losing their jobs. Today, we’ll look at why that’s sometimes a valid concern for both men and women on family leave — particularly when a superstar temp takes over the job. “I’ll Keep the Temp” […]

Keeping Your Eye on the Ball

Sorry for the sports cliché, but it fits. There are a lot of distractions in life — now more than ever.  The recession (I’m surprised someone hasn’t come up with a four letter word for it) has everyone distracted. Admit it, you come to work and you’re distracted. You log on to the Internet to […]

Quebec Employer Not Entitled to Review Employee’s Email to Union

By Antoine Aylwin A month ago, we reported on the Ontario Court of Appeal’s surprising decision in R. v. Cole.  In that decision the Court of Appeal said that a high school teacher was protected against searches on his work computer by the police absent a search warrant. The Court of Appeal based its decision […]

U.S. Supreme Court Building

Supreme Court Sets High Bar for Class Certification

by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions involving allegations of widespread discrimination. In essence, the Court answered a number of outstanding procedural and interpretive questions involving the federal class-action device in such a way as to […]

Chicago Sleeps Off Stanley Cup Celebration

Sporting events have been known to take a hit on companies. Some employers dread the Super Bowl, March Madness, and the World Cup. From gambling, to bandwidth issues, to increased absences, sporting events can be a serious disruption to businesses. The latest to learn this lesson—Chicago. According to CBS Chicago, the Blackhawks’ Stanley Cup victory […]

Terminating Older Workers: New Regulations Clarify Rules For Waivers Of Age Bias Claims; Do Your Releases Pass The Test?

When you ask an employee 40 years old or over to sign a severance agreement that includes a release of potential age discrimination claims, there’s an array of strict requirements that must be met. For many employers, figuring out how to comply with these rules has been confusing-especially in cases of downsizing through group terminations […]

Wage Deductions for Sickness Could Make You Ill

by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]

Disciplining Employees: New Case Points Out Why It’s Important To Have Consistent Standards Before Taking Action

One of your employees has been violating work rules. You document the problems and eventually terminate the worker. It appears you’ve done everything right and responded appropriately to the employee’s misconduct. But a new ruling makes clear that viewing each case of discipline and termination in a vacuum can get you in trouble. Even if […]

U.S. Departments Release Guidance on ACA Implementation, Mental Health Parity

By Benjamin J. Conley, JD In late October, the Internal Revenue Service (IRS), U.S. Department of Labor (DOL), and the U.S. Department of Health and Human Services (HHS) released a series of informal frequently asked questions (FAQs) addressing various unanswered questions under the Affordable Care Act’s (ACA’s) preventive service mandate, the Mental Health Parity, and […]