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Broad Drug Testing Policies Approved by Arbitrator

By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]

More human rights ‘frustrations’

by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of  returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]

President’s budget reflects administration’s labor and employment priorities

by Judith E. Kramer and Daria H. Hafner President Barack Obama has submitted to Congress his budget request for fiscal year (FY) 2016, which begins on October 1, 2015. Here are the highlights of the administration’s requests for the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations […]

News Notes: Cirque Du Soleil Settles HIV Discrimination Charge

The EEOC announced that international entertainment troupe Cirque du Soleil will pay $600,000 to settle a charge that it fired aerial gymnast Matthew Cusick for being HIV-positive, in violation of the Americans with Disabilities Act. The company claimed it believed his condition posed a direct threat to other performers, but the EEOC argued the decision […]

Exempt Employees: High Court Reinstates Class Action Overtime Lawsuit Against Sav-On; How to Avoid Being the Next Target

Over the past several years, many employers have been blindsided by big class action lawsuits from employees who say they were misclassified as exempt from overtime and are owed millions in back pay. Farmers Insurance Exchange, Big Lots, and Electronics Boutique are just a few of the businesses hit by the suits. For a brief […]

5 Common Missteps When Achieving an Optimistic Workplace

In his book The Optimistic Workplace: Creating an Environment that Energizes Everyone, management and leadership consultant Shawn Murphy tackles the challenge and argues that our best work is the product of a positive environment. “How it feels to work within an organization is a critical workforce development issue. We need more leaders who are willing […]

Canada’s Top Court Signals Tougher Days Ahead on Accessibility

by Tara McPhail McCarthy Tetrault Canadian human rights laws require employers to accommodate employees and customers with disabilities up to a point. What point? The point at which the accommodation would constitute “undue hardship” on the employer. But what makes an undue hardship? A recent Supreme Court of Canada decision appears to set a high […]

New Report Looks at ‘Interstate Job Piracy’

State and local governments spend billions of dollars annually on economic development subsidies given to companies for moving existing jobs from one state to another, according to a study released today by Good Jobs First, a nonprofit, nonpartisan research center based in Washington, D.C. The report is titled The Job-Creation Shell Game. Greg LeRoy, executive […]

Final Results from HR Daily Advisor’s Training and Development Survey

See more results here and here. Here are the final results: Training Methods Our survey shows that the leading method (58%) for training employees is in-person presentations by HR departments, followed closely (53%) by in-person sessions presented by experts from outside the company. Outside conferences are effective for 38% of survey participants, and printed or […]

Pay-for-Performance—Is Management Willing?

Pay-for-Performance is the hot new approach to compensation, says expert Brooke Green; however, you shouldn’t attempt it if management isn’t willing to do its job in performance evaluation. Green, who is a principal at Hay Group, offered her tips at a recent webinar sponsored by HRHero/BLR. In yesterday’s Advisor, she suggested that HR managers ask […]