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Canadian Court Not Prepared to Act as Workplace Referee

By Sara Parchello Does an employer have a broad obligation to protect employees from mental distress that may be caused in the workplace? Ontario’s Court of Appeal recently answered this question in Piresferreira v. Ayotte and Bell Mobility Inc. with a resounding “no.” The decision reverses, in part, an award made back in 2008 – […]

Overtime Changes: IWC Wage Order Hearing Developments

As we reported last month, the Industrial Welfare Commission is holding hearings and meetings throughout the state to review current overtime and other wage and hour rules and come up with new final wage orders. In this regular monthly feature, we’ll run down the IWC’s most recent activities.

So You Think Your E-Mail Is Really Deleted?

What are the chances that you can ever erase an e-mail? No chance, says Attorney Matthew Effland.  When you send e-mail, it’s saved in many places, most of which you can’t access. For example, Effland says, your e-mail is likely stored in: Your computer’s cache and e-mail outbox, Your e-mail service provider’s computers and/or corporate […]

Religious Diversity Challenges Employers, EEOC

Several food-processing plants across the country have been in the news as they grapple with the requests of increasing numbers of Muslim workers seeking religious accommodations. Three disputes — all at meatpacking plants — centered on prayer breaks, especially important at Ramadan. During that month (which varies from year to year because it’s set on […]

Obama Includes Another COBRA Subsidy Extension in Budget

The Obama administration proposed another extension of COBRA premium subsidy benefits on Monday, according to Business Insurance. President Barack Obama included this latest extension in his proposed federal budget for the fiscal year 2011. The proposed extension would reportedly extend the 65 percent premium subsidy to individuals whose employment is terminated between March 1, 2010, […]

When world events hit the workplace

by Mark Schickman Statistics from the Equal Employment Opportunity Commission show that charges of discrimination based on religion and national origin are the fastest growing categories in the past decade. Of course, that coincides with the aftermath of 9/11 and, rational or not, American anger and suspicions over Middle Eastern Arab communities. This shift in […]

Workplace Violence Prevention Strategies

Workplace violence is a serious threat to American employers and employees. Although homicide in the workplace has steadily declined since 1994, it is still the fourth leading cause of workplace fatalities in the United States. In addition, the Bureau of Labor Statistics reported that in 2006, more than 22,000 employees in private industry missed days […]

A Harassment Investigation That Worked: What The Employer Did Right

To defend yourself against a lawsuit by an employee terminated for sexual harassment or other misconduct, it’s essential to thoroughly investigate the accuser’s complaint, as the accompanying story illustrates. Here are the key steps Lucky Stores took which led the court to find it had acted properly before discharging the employee accused of harassment:

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 […]