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New NLRB website highlights “protected concerted activity”

by Tammy Binford The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers. The webpage is the latest of several recent NLRB moves that many employers find […]

Flawed COBRA/Leave Policy Still Leaves Employer With Unpaid Stop-loss Claims

An employer whose COBRA/leave policy did not align with a stop-loss policy’s terms continues to be on the hook for a COBRA qualified beneficiary’s medical claims that were rejected by the stop-loss insurer. The employer unsuccessfully appealed a lower court ruling that the claims were ineligible under the policy terms because they did not include […]

Supreme Court Seeks New Accommodation in Birth Control Case

Religious non-profit employers that are not eligible for a church exemption seemed more likely to change the process of opting out of the Affordable Care Act requirement that health plans cover contraceptives and family planning services without cost-sharing. In a two-page order dated March 29, the U.S. Supreme Court told lawyers arguing Zubik v. Burwell, No. 14-1418 (cert. […]

Avoiding Hiring Pitfalls in Canada

By Kate McNeill McCarthy Tetrault We all know that once you hire an employee, you have certain legal obligations to that employee. But what about before you even hire someone? In Canada, job applicants are entitled to certain human rights and common law protections that employers must be aware of in their hiring practices. In […]

Invalid Contract Can’t Prevent $615,000 Judgment

In recent years, employers’ attorneys have been recommending “limitations on claims” provisions in employment contracts and employee handbooks. These provisions usually state that employees must bring all claims they may have against their employer within six months or a year of discovering a problem. These provisions are designed to limit employees to a shorter period […]

Recruiting talent or trouble? What recruiters need to know

Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with such a small number of suitable applications that they […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]