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Documentation, Consistency Protect Employer from FMLA Retaliation Claim

By Charlie Plumb, JD, McAfee & Taft Taking action against an employee after she returns from a Family and Medical Leave Act (FMLA) absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about her performance issues. So how should an employer handle disciplining someone who is returning […]

Dealing with bad calls

When things don’t go as planned

If you’ve read many (any?) of my writings, you may have gathered that I’m a sports fan and often use sports-related stories to make a point. This week is no different. Earlier this NFL season, I, like many football fans, suffered through the debacle that was the replacement referees. I’m sure you recall those ill-prepared […]

E-mail or Meetings: Which Is the Bigger Time Waster?

By BLR Founder and CEO Bob Brady Today BLR founder and CEO Bob Brady looks at the pros—and many cons—of e-mail and meetings, and he asks for your opinions about the biggest e-mail annoyances. Which wastes more time, e-mail or meetings? According to no less an authority than the New York Times, the economy loses […]

“Drive-By Lawsuits” Against Business an Unfortunate By-Product of ADA, Says Disability Group Leader

The best defense against Americans with Disabilities Act lawsuits, whatever their motivation: Comply with the letter … and the spirit … of the law. Andrew Imparato doesn’t want you to get sued for failure to comply with the Americans with Disabilities Act (ADA). That’s rather ironic since, as president of the American Association of People […]

Charity Runs Afoul of Canada Revenue Agency

By Gulu Punia and Jennifer Shepherd Deciding to retain a contractor rather than an employee can be the right decision depending on the needs of a business. But there are risks. If a court determines that the relationship is in fact an employment relationship, the employer can be liable. Such was the case in M.A.P. […]

Independent Contractors: Maid Company to Pay Big for Misclassification

A federal judge has ordered Southern California Maid Services and Carpet Cleaning, based in Gardena, to pay $3,467,789 in back wages, plus $1,058,973 in liquidated damages, to 385 current and former low-wage domestic workers who were misclassified as independent contractors. The court’s action resolves a lawsuit filed against the employer by the U.S. Department of […]

New OFCCP final rules to take effect March 24

by Tammy Binford New rules requiring federal contractors to set benchmarks for hiring veterans and individuals with disabilities are set to take effect March 24, 2014. The new regulations strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act. The new regulations were published in the Federal […]

Heated Political ‘Debates’—Can You Control them at Work?

It’s that time again; employers and their employees are getting ready to vote. It is an exciting time that engenders a good deal of discussion—and probably some arguments—at coffee machines and in lunchrooms. As with many areas of employment law, a patchwork quilt of federal and state laws governs the employer interface with political issues. […]

‘Victory’ in Court Is Always a Little Bitter

In employment law cases, “Victory in court is always a little bitter when the costs of achieving it are factored in,” says attorney Russell Adler. He was referring in particular to the potential dangers of giving references. Adler, who practices labor and employment law at WolfBlock, made his remarks on workforce.com. His advice: “Stay out […]