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Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]

U.S. Appeals Court Permits Dunkin’ Donuts Managers’ Overtime Claims to Proceed

By Susan G. Fentin, Skoler, Abbott & Presser, P.C In another of what promises to be a long line of cases in which courts consider whether working managers have been properly classified as exempt from overtime under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, […]

Employers on their own for compliance with health and safety orders

by Rosalind H. Cooper Employers in many Canadian provinces have often looked to Ministry of Labour inspectors to provide guidance to assist them in complying with their obligations under various occupational health and safety statutes and regulations. Employers often request such advice because they believe that Ministry of Labour inspectors, who visit multiple workplaces and […]

Workplace Discrimination: An Effective Way to Prevent It

With terrorism has come increasing discrimination. Here’s a way to prevent it in your workplace. Since the horrors of five Septembers ago, Americans have lived in a charged atmosphere about race and religion. Despite long-standing ideals of tolerance, the actions of a violent few are often blamed on all the members of certain races or […]

Jury Duty: Striking the Balance Between Civic and Company Responsibility

Jury duty leave seems like an easy one, but anything that involves questions about who gets paid and who doesn’t is not so easy. In yesterday’s Advisor  we talked about the legal issues surrounding jury duty and appearance as a witness; today, we’ll look at key policy considerations, and get an introduction to the “Employee […]

Holidays PTO Survey: Service Requirement – One Week Vacation

Service Requirement – One Week Vacation: What is the service requirement in order for an employee to be eligible for 1 week of vacation?   Do not offer Less than 6 months 6 months More than 6 months, but less than a year 1 year More than 1 year Exempt Employees 158 (20.1%) 216 (27.5%) […]

Supreme Court Will Resolve Split over ERISA Reimbursement

The U.S. Supreme Court decided to hear a case to resolve whether an ERISA health plan can recover money it spent on a plan participant’s care from his or her personal injury settlement, even if the participant has already spent those particular funds. To settle this question, the Court granted certiorari March 30 in Montanile v. Bd. of Trustees […]

ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.