Tag: Employment law

High Court Advances Same-sex Marriage and Impacts Employers

As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]

Some interesting lessons from the U.S. Supreme Court

by Mark I. Schickman History will remember June 26’s U.S. Supreme Court decisions as the landmark cases supporting same-sex marriage, a coupling that will become commonplace in a decade or two. But these decisions and the affirmative action, Title VII of the Civil Rights Act of 1964, and voting rights cases that preceded them the […]

WHD clarifies definition of ‘son or daughter’ under FMLA

Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at  www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

Supreme Court Narrows Scope of ‘Supervisor’ Status in Title VII Discrimination Claims

The term “supervisor” is not to be taken lightly when determining the scope of employer liability in employment discrimination claims, according to the U.S. Supreme Court. On June 24, the court held in a 5-4 decision that an employee is a “supervisor” under Title VII of the Civil Rights Act only if he or she […]

Managing the message in the hiring process in Canada: human rights risks

By Marc Rodrigue Hiring a new employee can be a lengthy process, fraught with complex evaluations of skills, qualifications, and other attributes. The whole process must of course comply with applicable provincial and federal antidiscrimination laws. What people say during the process may provide evidence that a hiring decision is discriminatory. Where multiple people are […]

Finding the right way to deal with less-than-ideal employees

Human nature being what it is, employers can expect friction within work groups from time to time. Personality clashes and misunderstandings will strike nearly every workplace at some time. Handling that strife often requires a deft touch that rises above human nature. While a supervisor’s natural reaction may be to scold, ignore, and make life […]

HR Heroes attend SHRM conference

More than 20,000 people gathered for the 65th annual SHRM Conference & Exposition in Chicago, Illinois, June 16-19, 2013.  BLR asked visitors to our HRHero booth to show their HR pride and tell us why they were an “HR Hero.” Here are what some of the HR professionals had to say about what makes them […]

Another setback for NLRB’s proposed posting rule

by Brian R. Garrison Continuing what has been a recent trend, the U.S. Court of Appeals for the District of Columbia Circuit has issued another decision against the National Labor Relations Board (NLRB). On May 7, the court determined the Board’s proposed rule mandating that employers display posters explaining employee rights under the National Labor […]

Facebook postings fair game for employers

By Frederic Parisien Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years. In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal […]