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It’s better to be Dorothy than the Wizard

Over the weekend, an adaptation of The Wizard of Oz was released. If you’re like me, you grew up watching the 1939 classic. The new film got me thinking about those wonderful characters created by L. Frank Baum. There’s the Cowardly Lion, the Scarecrow, the Tin Man, and of course Dorothy. Each one is etched […]

Extension of Form I-9 Verification Flexibilities May Signal Major Change

Since March 20, 2020, the U.S. Department of Homeland Security (DHS) and its enforcement agency, the U.S. Immigration and Customs Enforcement (ICE), have issued changing guidance on how and when an employer may satisfy the Form I-9 in-person inspection requirements during the ongoing COVID-19 pandemic. Since April 1, 2021, they have allowed employers to delay […]

Canadian corporate directors may be liable for unpaid wages

by Louise Bechamp A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for unpaid employee wages, notice of termination, and vacation pay.

Does the Common Cold Qualify for FMLA/CFRA Leave?

Does a serious cold qualify as a serious health condition under the Family and Medical Leave Act (FMLA) and/or its state law counterpart, the California Family Rights Act (CFRA)? How about the flu? Leave of absence laws were established to protect employees with serious health conditions; do colds and the flu measure up?

COVID-19

Minimizing the Risk Of COVID-19 Infection Lawsuits Filed by Employees

As Americans continue living in an unprecedented era of quarantining, many employees aren’t quarantining at all. Workers in big-box retail shops, warehouses, grocery stores, and more are all still powering the economy as “essential employees,” and they are still physically interacting with other people throughout the day.

AI Discrimination: What EEOC Settlement with iTutorGroup, Inc., Means for Employers

Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three integrated English-language tutoring companies known as iTutorGroup, Inc., confirms any doubts employers might have. Now more than ever, employers should carefully evaluate the benefits and […]

How HR Teams Can Maximize the Value of AI and Minimize the Risk

Over the past 6 months, the acceleration of artificial intelligence (AI), particularly in the form of large language models (LLMs) like Open AI’s GPT-4, has been relentless. These models have demonstrated capacities that would have seemed like science fiction just a few years ago, such as the ability to immediately produce compelling and fluent text […]

How State Training Programs Can Help Companies Find Skilled Candidates

In December, 2.9% of the American workforce voluntarily left their jobs. Additionally, there were more than 10 million job openings for 6 straight months as of January. With so many workers leaving their jobs, companies should have a large talent pool to choose from. But this isn’t necessarily the case. Ever since the pandemic, workers’ expectations have increased, and […]

Social Media Policy 101: What Personal Social Media Actions Can be Restricted?

In a recent article, we discussed the fact that employers need to be careful to avoid being overly restrictive in their social media policies, since restricting what employees can say online might constitute interference with an employee’s right to concerted activity under Section 7 of the National Labor Relations Act (NLRA).

Ask the Right Questions—Find the Right Answers

Many leaders believe they must have all the answers—that it’s their responsibility to have the answer to every question and the solution to every problem. In my estimation, it’s more important to ask the right questions than it is to always have the answer.