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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 […]

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, […]

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 […]

SEC to Examine if Advisers Are Misleading Clients About IRA Rollovers

Registered investment advisers and broker-dealers that may be misrepresenting their credentials or the benefits and features of individual retirement accounts will be targeted by the Office of Compliance Inspections and Examinations of the Securities and Exchange Commission, based on the initiatives listed in a Jan. 9 release of the agency’s 2014 examinatfion priorities. The so-called […]

California’s High Court Puts the Kibosh on Noncompete Agreements

The California Supreme Court has issued an important decision that makes it clear that employers cannot restrain an employee’s ability to compete, regardless of how reasonable or narrow the restrictions. As a result of this ruling, employers should do a thorough review of their employment agreements to ensure they do not contain unlawful noncompetition provisions.

Key Steps for Avoiding Discrimination Lawsuits

Avoiding discrimination lawsuits is a matter of understanding the key issues and acting to prevent them. A sister publication has provided guidance on both. This week marks the 65th anniversary of the Pearl Harbor attack that drew the United States into World War II. It also marks one of the most shameful episodes of that […]

Iowa: It’s Back to the Past with New Governor

by Greg Naylor, Whitfield & Eddy P.L.C. Twenty-five years ago, Michael J. Fox took us all Back to the Future. On Election Day, however, Iowa went back to the past, returning former Republican Governor Terry Branstad to a gubernatorial seat that hadn’t seen a Republican occupant in three consecutive terms. Republicans also will take control […]

The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]

Congressman Introduces COBRA Subsidy Extension Legislation

Update Dec. 21, 2009: President signs bill including COBRA subsidy extension Representative Joe Sestak (D-Pennsylvania) introduced the Extended COBRA Continuation Protection Act of 2009 (H.R. 3930) this week in the U.S. House of Representatives. The proposed bill would extend the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (ARRA), […]