Preexisting Conditions: You Must Take Employees as You Find Them
By Rebecca Kopp Levine, JD, Porter Wright Morris & Arthur LLP
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Hot List: Wall Street Journal’s Bestselling Hardcover Business Books
The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan on November 29. 1. All the Devils Are Here: The Hidden History of the Financial Crisis by Bethany McLean and Joe Nocera. Goes back several decades to weave the hidden history of […]
Holiday Bonuses Result in Good Cheer — But Can Cause FLSA Overtime Problems
As the holiday season approaches, employers and employees are beginning to anticipate holiday bonuses. Whether they come in the form of material gifts, cash awards or other benefits, employers should be careful in providing them, because sometimes bonuses must be included in the employee’s pay rate. Although “improper bonus” cases are not common, they still […]
New Limits Placed on ‘Bad Faith’ Damages in Terminations
by Helen Gray McCarthy Tetrault A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.” While it’s an Ontario decision, it can be expected to […]
FLSA Class Action Nixed Because Employee Didn’t Follow Timekeeping Policy
In an unusual move, an appeals court decision earlier this month put the timekeeping burden for unpaid off-the-clock work on the employee, not the employer. The 6th U.S. Circuit Court of Appeals upheld a district court’s decertification of a class action lawsuit on Nov. 6. The 6th Circuit held that the plaintiff had not recorded […]
Resources to Help You All Year Long
Need help with an FMLA issue? Having difficulty determining whether an employee’s time off qualifies under the California Family Rights Act, the state counterpart to the FMLA? At the Employer Resource Institute, we offer valuable resources that can put the information you need right at your fingertips, 24 hours a day, every day of the […]
EEOC Urged to Align Wellness Standards With HIPAA/ACA Rules
The U.S. Equal Employment Opportunity Commission’s failure thus far to issue clear guidance on permissible wellness incentives threatens to undermine employers’ development of wellness programs at a time when their importance is growing, business groups warned the EEOC at a May 8 hearing. “We urge you to recognize the comprehensive regulatory framework that already exists” […]
Union-Limiting Law Goes Down in Ohio
Ohio Governor John Kasich says he’s taking “a deep breath” after voters overwhelmingly rejected a state law he supported placing limits on collective bargaining for government workers. Union supporters are praising the vote that rejected Senate Bill 5, a law that would have prohibited strikes by public-sector unions, ended binding arbitration, stopped promotions based totally […]
Employment Contracts: Could I Be Entering into ‘Implied Contracts’ Without Knowing It?
We fired an employee, thinking he was “at will,” but now he claims we made an oral promise that he could be fired only for cause. We’ll fight this one in court, but how do we keep from having misunderstandings like these? —Martin B., HR Manager in San Francisco
Major Companies Use Proximity to Transit as Recruitment Selling Point
Employers go to great lengths to attract employees, especially in a strong job market, where employees often have greater bargaining power. One way employers seek to attract new talent is through higher wages.