Tag: Employment law

EEOC weighs in on employer wellness plans

by Kelly Smith-Haley January is here, which means diet, exercise, and wellness resolutions aren’t far behind.  And, like many of us, the EEOC has “wellness plans” on its list of 2015 New Year’s resolutions.  The Chicago branch of the EEOC recently filed its third action alleging that an employer-sponsored wellness program violates the Americans with […]

FMLA leave and reinstatement: How to handle ‘key employees’

Just because the Family Medical Leave Act is rigid in many respects doesn’t mean there isn’t leeway in some situations. For example, reinstatement may not be required for employees deemed to be “key employees.” Recently a group of attorneys well-versed in FMLA issues was asked about exceptions to the reinstatement rule for certain high-level employees. Here is their take on that limited exception to the FMLA rule.

BFOQ FTW

YOU are a seasoned HR pro.  YOU understand the difference between Internet slang–omg, imho, lmao–and the Title VII defense of BFOQ.  We must discuss the BFOQ exception–bona fide occupational qualification–in the wake of the Abu Dhabi adventures of actress, singer, and ex-Biebs girl Selena Gomez.  ICYMI (see what I did there?), a picture surfaced of […]

Commissions during the notice period: contractual language rules

By Thora A. Sigurdson In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a specialized salesperson was terminated without cause after 10 months’ service. He sued for wrongful dismissal. At trial, the main issues were the length of notice for a short-term salesperson and his entitlement, if any, to commission payments during the notice […]

‘Tis the season: resolutions for the new year

by Leslie Bakken Oliver It’s that time again, when many of us take inventory of the past year and make resolutions for the coming year—for example, to do better, work smarter, become more efficient, or waste less time. For some of you, focusing on aspirations for the coming year may be part of a formalized […]

Top 10 OSHA citations of 2014

by John E. Hall The Occupational Safety and Health Administration’s (OSHA) most-violated standards for fiscal year (FY) 2014 were recently announced at the National Safety Council Congress and Expo in San Diego, California. Once again, there were few surprises. Employers would be wise to assess their efforts to comply with the 10 identified standards.  In […]

How the boss stole Christmas

by Vanessa L. Goddard Many thanks to Dr. Seuss for the inspiration. Everyone down in HR-ville Liked Christmas a lot. But the boss, in his office upstairs, He did not! The boss hated parties, The whole holiday season. Free turkeys, Secret Santa, I’m not even teasin’. It could be he was stingy, Wouldn’t part with a […]

Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms

by Louise Béchamp Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services […]