Tag: Employment law

What NOT to wear to an interview

Litigation value: $0.00, but only because Pete has a conscience and Daryl is a cinephile. In last week’s season premier, new guy Pete was compared to Jim, while other new guy Clark was compared to Dwight. I’m all good with the former comparison, but the latter is waaaay off. Dwight beds his women using blunt […]

NFL lockout hits pay dirt with employment lessons

By Michael P. Maslanka Editor’s note: Fall is here, and for a lot of die-hard fans, that means just one thing — it’s football season. But the first three weeks of this football season were marred by a referee lockout that meant a lot of bad calls and missed penalties by the replacements. Many commentators […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

DHS allows illegal aliens to defer deportation and seek employment in the United States

by Matthew J. Snyder The U.S. Department of Homeland Security (DHS) recently issued a directive that allows illegal aliens who satisfy certain criteria to temporarily defer their deportation and seek employment in the United States. Deferments are for two years and are renewable. While in deferment status, aliens may seek work authorization from the U.S. […]

Three Dwight Circus

Litigation Value: Andy’s vocal hatred for Nelly = fodder for her brewing constructive discharge and breach of contract case; New versus Old Dwight dynamic = possible future age discrimination issues; watching Old Dwight’s jealous alter ego attempt a terrifying stunt in the parking lot to put New Dwight in his place = priceless. The Office […]

Independent contractor’s behavior can lead to criminal liability for employers

By Antonio Di Domenico On Christmas Eve 2009, a swing stage (a work platform) suspended on the 14th floor of an Ontario apartment building collapsed. Four workers including the site supervisor died after falling to the ground. Metron Construction was charged with criminal negligence causing death under Canada’s Criminal Code. The company’s owner and sole […]

Exploring the trickier aspects of hiring: What kills an applicant’s chances?

A few questions to consider about the hiring process: Is it the most rewarding aspect of an HR professional’s job? Is it a thorny task fraught with legal risk? Is it an exercise in frustration, frequently yielding undesirable candidates? For many HR pros, the answer to all three questions is likely yes. The economic downturn […]

Can you silence investigation participants without ruffling feathers?

by Chris Chrisbens Do you instruct or ask employee witnesses to keep the subject matter of a workplace investigation and your interview confidential when you conduct an investigation? Are there consequences for employees who breach confidentiality? For years, HR professionals regularly have given those instructions and been trained by experienced investigators and the Equal Employment […]

Facebook can be an unfriendly place

by Sara Parchello While the summer has come and gone, employees’ photos of their summer activities may not be. If employees post those photos on Facebook or similar sites, employers may be confronted with just what employees did with their time over the summer. And what if, on a day an employee called in sick, […]

Chicago teachers striking over evaluation system, recall pool

by Brian J. Kurtz It is Thursday, day four of the Chicago Teachers Union’s strike against the Chicago public school system. All over the city, many of the 30,000 union-represented teachers and counselors are wearing red T-shirts and rallying with picket signs, banners, and noisemakers in front of city schools and government offices. The public […]