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‘Honest Suspicion’ of FMLA Abuse Justifies Firing, Courts Rule

A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals. The case is Scruggs v. Carrier Corp., No. 11-3420 (Aug. 3, 2012). Daryl Scruggs, who […]

CVS Pharmacy Settles Wage-Hour Charges

CVS Pharmacy, Inc., has agreed to pay $226,598 in penalties and $38,151 in back wages to settle U.S. Department of Labor (DOL) allegations that the company violated wage and youth labor provisions of the federal Fair Labor Standards Act (FLSA). The DOL says an investigation revealed that 78 minors at CVS stores in the Northeast […]

Releases You Can Rely On

By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]

7 Steps to Starting a Workplace Investigation

When an employee complains that a supervisor or co-worker is harassing or bullying them, or engaging in discriminatory or other illegal conduct, an investigation is often required to resolve the matter. However, few managers are trained in how to conduct them.

Legislation Update: Governor Signs New Bills On Unemployment Claims And Health Coverage; What You Need To Know

Governor Wilson recently approved two laws, one of which will make it easier for smaller employers to offer health benefits to part-time workers, and the other which changes the unemployment insurance rules to allow benefits to employees who are victims of domestic violence. Both measures take effect on January 1, 1999. Here are the key […]

Corporate Pension Funding Highest in Five Years, Above 90 Percent for September

Two indicators of U.S. corporate pension health topped 90-percent funding ratios for September, a significant sign of improvement in the vitality of defined benefit plans. Mercer’s S&P 1500 Indicator Rises Funding levels of DB plans sponsored by Standard & Poor’s 1500 companies monitored monthly by human resources consultant Mercer improved in the latest month, reaching […]

Tip Eight: Transfer the Employee

–Transfer the employee to a position where absences are less disruptive. The law permits this, as long as pay and benefits remain equivalent to the previous job. Go to Tip Nine

Retaliation: Court Upholds $2.3 Million Verdict for Employee Who Claimed He Was Fired Over Safety Complaints; Tips for Avoiding Problems

You probably know it’s illegal to retaliate against a worker who complains in good faith about an unsafe work condition. But in practice, retaliation problems are not always so clear-cut, and they can sneak up on you. They often arise when an employee with a history of complaining starts griping about something you feel is […]