Tag: Employment law

Employee handbooks: Are they really necessary?

by Ann Kontner Even though it isn’t a state or federal law requirement, many employers have an employee handbook or at least a few written company policies. Exactly where do those policies come from? The answer to that question is easy—the HR department. But where does HR get the policies that govern the company? The […]

EEOC Sues Popeye’s for Failing to Hire Applicant with HIV

A Popeye’s chicken franchise refused to hire a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission has alleged in a lawsuit. Famous Chicken of Shreveport, LLC, a company that owns several Popeye’s Chicken restaurants, violated the Americans with Disabilities Act, the EEOC’s suit alleges. The general manager of a Longview, Texas, […]

Contracting out union work – comparing cases

By Brian P. Smeenk An interesting series of recent labor tribunal decisions provides lessons about the application of contracting out clauses in union agreements. These cases demonstrate how virtually the same collective agreement requirements can be handled quite differently, with dramatically different outcomes. They also demonstrate that contracting out bargaining unit work in the face […]

Moneyball tips on letting less productive players go

Part of our mission here is to keep all you bibliophiles out there engaged and entertained. (I happen to be one, so I know we’re a rare breed.) Our book today is Michael Lewis’ Moneyball: The Art of Winning an Unfair Game.

Holiday party

Getting the scoop: The value of exit interviews

Depending on your vantage point, exit interviews can be an effective way to get information that will improve the workplace, or they’re a waste of time that some employees resent. The idea behind exit interviews is to help employers understand why employees leave so that the employer can make improvements to reduce turnover and boost […]

Banning electronic cigarettes in the workplace

by Reggie Gay Electronic cigarette companies like to say that users of their products can “Smoke anywhere!” According to the recent Businessweek article “E-Cigarettes Want Your Attention Now (Before the FDA Steps In),” electronic cigarettes are “expected to top $1 billion in annual sales in the next few years.” As the industry grows exponentially, employers […]

$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]

Plaintiff’s Attorney Fined for Withholding Evidence in ADA Suit

An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]

Employee convicted of criminal negligence

By Antonio Di Domenico On March 22, 2006, B.C. Ferries’ vessel the Queen of the North missed a scheduled turn causing it to run aground and sink off the northern tip of Vancouver Island. Fifty-seven passengers and 42 crew members abandoned ship before it sank. Two passengers were never found and were declared dead. On […]

Retaliation is Reality TV

I think it’s safe to say that now, in 2013, we as a society are overrun by reality TV. The Truman Show starring Jim Carey debuted in 1998. In case you have forgotten, that was the movie where the whole world watched one man’s every move on a daily basis, from brushing his teeth to […]