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Supreme Court of Canada Helps Employers with Duty to Accommodate Disabilities

by Rachel Ravary McCarthy Tetrault Last week’s decision in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec 2008 SCC 43 is good news for employers – finally there is a clear limit to your duty to accommodate employees who are chronically absent from work. Not only did the Supreme Court […]

Legal Dangers of Online Reference Checking, Video Résumés

In Yesterday’s Advisor, attorney Terry Solomon delved into the issue of Web 2.0 privacy. Today she covers legal dangers associated with online reference checking and video résumés. The main legal pitfall around online reference checking is discrimination, says Solomon. (Solomon and colleague Philip L. Gordon, shareholders in the Littler law firm, gave their suggestions at […]

Democrats Drop EFCA Card-Check Provision

Democrats have reportedly agreed to drop the card-check provision of the controversial Employee Free Choice Act (EFCA). The card-check provision would have made it much easier for employees to form labor unions by allowing a majority of employees to unionize by signing card-check petitions. Under this provision, employers would no longer have been able to […]

Nevada law on social media privacy, credit reports takes effect October 1

Nevada’s new law restricting employer access to employees’ and applicants’ social media accounts and credit information goes into effect October 1. Assembly Bill 181, signed by Governor Brian Sandoval on June 13, provides protections for employees’ personal social media accounts and prohibits employers from conditioning employment on consumer credit reports or other credit information. The […]

Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]

DOL, EEOC, and Your Employees’ Attorneys Are Reading This Report

A recently released report concludes that a stunning percentage of workers in this country are underpaid and otherwise mistreated at work. The surprisingly widespread incidence of violations suggests that they are probably happening to some extent in your workplace. It’s likely that these figures will spur government agencies (and plaintiffs’ attorneys) to an even higher […]

Proposed Health Plan Identifier Could Cost Plans More Than $1B

A standard health plan identifier proposed by the U.S. Department of Health and Human Services (HHS) could cost health plans a total of up to $1.3 billion to implement. The proposed rules, released April 9, would establish a unique health plan identifier (HPID) for HIPAA-covered health plans (both group health plans and insurers), and an […]

“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” […]

When Fairness Meets Finance: The New Reality of People Decisions 

People decisions are some of the most scrutinized decisions organizations make. Pay adjustments, promotions, bonuses, and headcount choices are no longer quiet HR moments, they are visible, questioned, and often challenged. Employees expect fairness and transparency. Finance leaders expect discipline and predictability. Managers are asked to balance empathy, accountability, and cost often all at once.  This shift matters because it […]