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It’s March — the culmination of a long and productive season for the country’s top college basketball teams. It’s also the beginning of a less productive season in the workplace. March Madness may serve to sharpen the focus of the athletes playing in the college championship tournament, but the Big Dance often has the opposite […]
The Family and Medical Leave Act (FMLA) allows leave to be taken “intermittently” in certain situations. Intermittent leave often presents both logistical and employee relations challenges for employers, which must minimize the effect of intermittent leave on operations and address possible employee abuse while ensuring legal compliance. This article will discuss intermittent FMLA dilemmas and […]
Ever been caught off guard by a job interview question? Most people have because many employers have resorted to asking applicants questions that could be considered offbeat or even off the wall. Thomas Edison reportedly had a list of surprising queries he used when interviewing job applicants. Among his stumpers, as reported on the Mental […]
Employee retaliation claims are skyrocketing, and in 2011 these claims were the number one complaint to the EEOC. As a result, you need to know how to prevent retaliation claims from happening. At SHRM’s legislative conference in Washington, D.C. earlier this month, California employment attorney Jody Katz Pritikin, presented tips on how to prevent and […]
Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]
By Gilda Villaran On February 24, 2012, a new simplified process for certain foreign workers seeking entry to the Province of Quebec was announced. Instead of applying to only seven information technology occupations, as before, the simplified process will apply to 44 occupations in a variety of fields. This is an important development not only […]
By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]
The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]
A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]
by Mark I. Schickman The National Labor Relations Act (NLRA) lists as one of its purposes the creation of a uniform national labor policy. That might have been the thought nearly 80 years ago when the NLRA was enacted, but it is the furthest thing from the truth today — as state-to-state conflicts in employment […]