Tag: Employment law

Reviewing the review: Avoid legally risky mistakes in performance evaluations

The end of the year is a time that’s both hectic and reflective, and it’s that reflective thinking that’s put to use in evaluating employee performance. Whether evaluations are done at the end of the year, the beginning of a new year, or at various times, it’s important to keep the basics of legally sound […]

Save the white males!

For decades the most heated gender-related dispute in the world of Archie Comics was whether Archie was more into Betty or Veronica. But a recent lawsuit by five white male executives of Archie Comics against the company’s female co-CEO is enough to whiten Reggie Mantle’s hair. The five men (and one woman) allege that Nancy […]

NLRA covers nonunion employers, too

by Gary S. Fealk The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.  Know what’s covered Protected activity in general. Any group of nonunion employees may engage in activity protected by the NLRA. Whenever employees engage […]

Bullying and harassment in the workplace: lessons from the Miami Dolphins

By Kyla Stott-Jess The professional sports world has been buzzing with the sudden departure of offensive tackle Jonathan Martin from the Miami Dolphins. His midseason exit from the team comes amid allegations that he was the victim of harassment and bullying. The scandal has given the public a glimpse behind closed locker-room doors, into the […]

Detroit bankruptcy: a new path

by Robert M. Vercruysse Detroit is leading the pack again. Unfortunately, the ignominious trail the Motor City is blazing leads to federal bankruptcy. Although Detroit is the largest U.S. city to take this path to date, the financial difficulties it hopes to solve are hardly unique in recent years. Detroit’s experience could establish a workable […]

Giving thanks: employment lawyer’s list

by Richard Rainey As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve given some thought to what we, as employment lawyers who represent businesses, are most thankful for when it comes to our […]

Individual privacy rights trumped by union’s freedom of expression

By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]

Moneyball redux: What can it buy you?

I’m not shy about going back to the well. Last month I posted some lessons HR professionals could take from Billy Beane’s roster management of the Oakland A’s, as told in the bestseller, Moneyball. For my money, Beane’s innovations as GM of the cash-poor A’s put him in the upper ranks of baseball executives among […]

Recruiting talent or trouble? What recruiters need to know

Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with such a small number of suitable applications that they […]

A new affirmative action obligation

by Mark I. Schickman True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true―you can’t inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job’s essential tasks with or […]