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Mandatory Arbitration—As Good as It Sounds?

No more lawsuits, faster results, lower judgments—what’s not to like about mandatory arbitration? Not much, but there are issues to consider and pitfalls to avoid, says attorney Sandra Rappaport. Typical employee arbitration agreements require that all work-related disputes between the employer and employee be resolved by impartial arbitrators rather than by jury trial, says Rappaport, […]

Employee Testing: Meeting ADA Requirements While Keeping Employees Safe

Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]

Lawyer Repellant–Apply Liberally!

In yesterday’s Advisor, attorney Wendy Warner explained how employers make things worse for themselves when lawsuits threaten. Today she shares ideas on how to make things better. Warner usually represents employees, but changed hats at a recent Society for Human Resources (SHRM) convention. Here are her simple steps employers can take “to keep lawyers like […]

Church Music Director Is Minister, So Court Blocks Employment Discrimination Suit

A Catholic church’s music director is a “minister” and therefore ineligible to bring employment discrimination claims against the Church, the 5th U.S. Circuit Court of Appeals ruled, implementing a new U.S. Supreme Court precedent.  Phillip Cannata worked as the music director for St. John Neumann Catholic Church, part of the Catholic Diocese of Austin. He […]

Gender identity and expression now protected in Ontario

By Alix Herber and Keri Bennett Human Rights Tribunals across Canada are constantly expanding the interpretation of prohibited grounds. Ontario has recently joined Manitoba and the Northwest Territories and gone one step further by recognizing gender identity as a prohibited ground.

News Notes: Public Employers Have Flexibility In Granting Comp-Time-Off Requests

  The Ninth Circuit Court of Appeal has ruled that the federal Fair Labor Standards Act (FLSA) permits government employers a reasonable time of up to one year to grant an employee’s request to use accrued compensatory time off. The court held that the FLSA grants government agencies flexibility in scheduling compensatory time off and […]

Commuting for Creativity

By Kyle Emshwiller To get creative juices flowing, Jonah Lehrer, author of Imagine: How Creativity Works, , suggests quick and easy ways to rest your brain and maximize productivity. Among other relaxation techniques, he suggests making the most of your commute to work. In Lehrer’s book, highlighted in American Express Open Forum, he advises workers […]

‘Fat Bowl’ and ‘Maintain, Don’t Gain’ Spark Wellness Program

When plumbing products’ manufacturer Moen Incorporated opened a fitness center at its headquarters more than a decade ago, it was a “feel-good” type of service for employee morale, retention, and recruitment. Since that time, however, its wellness initiatives have had a significant impact on the company’s bottom line. One internal study found that for every […]

Companies lauded for diversity still have far to go

“Diversity Practices that Work: The American Worker Speaks,” a two-year national study of 5,500 workers, was conducted by Global Lead Management Consulting on behalf of the National Urban League to answer four questions: What do American workers think about diversity? How do the perceptions of employees in “effective diversity practices companies” compare with American workers […]

Employers have opportunity to capitalize on a graying workforce

by Tammy Binford Is it a “silver tsunami” or barely a ripple in your workplace? Whether your organization is facing a wave of retirements or just a few in the next several years, employers are wise to consider the significance of older workers. As the 78 million-member baby boomer generation hits what has traditionally been […]