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Performance Appraisals 2013–What’s Happening in the Real World?

Everyone admits that performance appraisals are important—but few are pleased with the effectiveness of their process. What’s happening with performance management in the real world? What’s working? What are your competitors up to? Let’s find out! Please participate in our brief survey and see how what you are doing stacks up against what other successful […]

Overtime Exemption: It’s What You Do, Not What They Call You

By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed a district court’s decision that an employee wasn’t exempt from overtime pay under the Fair Labor Standards Act (FLSA) because her primary duties weren’t related to […]

OFCCP Gives Employers Until Feb. 21 to Respond to Quota for Hiring Workers With Disabilities

Federal contractors  have an additional two weeks — until Feb. 21 — to respond to the Labor Department’s proposal establishing goals for hiring workers with disabilities. In December, Labor’s Office of Federal Contract Compliance Programs released proposed regulations that would require federal contractors to aim to have 7 percent of their workforce be individuals with […]

Toronto’s G20 Summit — Lessons for Employers about High-Security

By Patrick Gannon The G20 Summit of world leaders will be in Toronto June 26-27. The summit is expected to draw considerable attention and thousands of protesters from around the world. Like the Vancouver 2010 Winter Olympics, there will be intensive security measures and lots of potential disruptions. As the summit will be held at […]

3 Key Questions for Best Practice Wellness

In yesterday’s Advisor, attorney Francis Alvarez discussed legal risks of wellness programs. Today, practical considerations and an introduction to a popular wellness guide. Each organization has to decide for itself where it belongs on the wellness/risk continuum, says Alvarez, a partner in the White Plains, New York, office of national employment law firm Jackson Lewis. […]

South Carolina Court Says “No” To NLRB Posting Rule

By Richard J. Morgan For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, […]

Getting a Dismissed Employee’s Last Meeting Right

By Donovan Plomp of McCarthy Tetrault and Karen Sargeant, formerly with McCarthy Tetrault Spring will soon be upon us, and with it may come the urge to do some “spring cleaning” in the home and the workplace. This might mean ending an employment relationship that isn’t working out. In Canada, which has no concept of […]

Family and Medical Leave: When Can You Require a New Certification of a Serious Health Condition?

Suppose an employee takes time off under the Family and Medical Leave Act (FMLA) for his or her own serious health condition, and you require a healthcare provider’s certification confirming the need for leave. After a year goes by, the employee needs additional leave for the same health problem. Can you require this person to […]

EEOC Sues Over Use of Credit Checks, Criminal Histories

The Equal Employment Opportunity Commission (EEOC) has filed a complaint in the U.S. district court in Maryland against Freeman Companies, a Dallas-based corporate event-planning company. The EEOC claims that Freeman’s use of credit histories and criminal background checks discriminates against black, Hispanic, and male job applicants in violation of Title VII of the Civil Rights […]