Practical HR Tips, News & Advice. Updated Daily.
Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the best place to find out that records are inadequate, incomplete, or nonexistent. Record retention is a daunting task for employers because there […]
“Mixed-motive” discrimination claims are among the most confusing kinds of employment cases. A mixed-motive bias claim occurs when an employee alleges that bias was one of the reasons that the employee was terminated or suffered some other kind of adverse employment action. In these cases, the employer asserts that there was a legitimate reason for […]
Jan. 1 is the effective date for new employment law in many states. Here’s a widely used tool to help you keep up with the changes. As of this week, if you allowed smoking in your company’s lobby or stairwells, you can’t anymore, if you operate in California. As of this week, if you operate […]
A Senate Health, Education, Labor, and Pension (HELP) Committee hearing on pay equity, scheduled for Thursday, March 11, may revive discussion of the stalled Paycheck Fairness Act. The Paycheck Fairness Act (S. 182; H.R. 11) was sponsored before the Senate in January 2009 by then-Senator Hillary Clinton and Representative Rosa DeLauro. Representative DeLauro will appear […]
The U.S. Supreme Court held the attention of the nation (and employers) on Thursday, June 28, when it released its highly anticipated decision on the healthcare reform law (the Affordable Care Act, or ACA) enacted in March 2010. In a decision that surprised many analysts, the Court upheld the law in a 5-4 opinion authored […]
Managing wellness is described as “TC2” by today’s expert. That means Taking Care of employees and Taking Care of risks. Everybody wants to take care of employees, says attorney Francis Alvarez, but they must also realize that along with wellness programs come legal risks. It all depends on the kind of program you offer. Alvarez is […]
By Clayton Jones Last week we told you about the recent decision in Irving Pulp & Paper where the Supreme Court of Canada severely limited an employer’s right to perform random alcohol and drug testing in the workplace. The implications of the Irving decision will undoubtedly be far-reaching, including on two prominent cases currently being […]
by Keri Bennett As we reported previously, the Canadian federal government is about to join most of the provinces in making mandatory retirement, for the most part, unlawful. That deadline is fast approaching – December 15, 2012. What can employers do until then? According to the Canadian Human Rights Commission, very little. Human Rights Commission […]
Electronic recordkeeping saves trees, office space, and maybe time, but security and retention issues come along with it. Let’s explore them. We all know the advantages of electronic recordkeeping. You get quick, simultaneous access in as many places as there are computers; you can search by keyword; and you have the capacity to manipulate data […]
by Susan Prince The U.S. Department of Labor (DOL) has submitted proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations to the Office of Management and Budget (OMB) for review. The new regulations will increase the number of employees nationwide who qualify for overtime. Employers, get ready because the changes will likely have […]