Practical HR Tips, News & Advice. Updated Daily.
by Kyle C. Foust Many employers institute policies prohibiting off-duty employees from accessing their facilities. If you are one of those employers, you should ensure that the language of your policy complies with the National Labor Relations Act (NLRA). Specifically, the policy must not violate Section (8)(a)(1) of the NLRA. The National Labor Relations Board […]
by Emilie Paquin-Holmested Generally when employees decide to leave their jobs, they are considered to have quit. But in Canada, if they leave their jobs because the employer substantially changed essential terms of their employment, they are considered to have been constructively dismissed. The line separating these two notions is often unclear. It’s especially so […]
An employee is arrested and something must be done. Do you fire the employee because you don’t want to put up with someone who lands in jail? Or do you wait to get the facts, maybe even wait for the legal system to run its course before making an employment decision? A related quandary is […]
by James J. Rooney and Kerry Langan The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has released a 16-page guide to the Family and Medical Leave Act (FMLA) designed to make the law more accessible to employees. The publication, titled “Need Time? The Employee’s Guide to The Family and Medical Leave Act,” […]
by Karen Sargeant and Clayton Jones Last week, we reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd., which found that an employee does not have a duty to mitigate where an employment contract contains a fixed severance entitlement but no express requirement to mitigate. The Court of Appeal […]
A supervisor’s apparent bias in the firing of her employee proved costly in a recent 8th U.S. Circuit Court of Appeals ruling which upheld a decision by the U.S. District Court for the Eastern District of Missouri, Eastern Division awarding $413,000 in damages and liquidated damages in an FMLA retaliation claim based on cat’s-paw liability. […]
Headlines abound about tragic car accidents resulting from drivers distracted by cell phones. Many of those reports involve drivers taking calls or texts while they’re on the job. Such tragedies have prompted a number of employers to develop policies aimed at curtailing use of phones while employees are driving. Those tragedies also have prompted juries […]
It is August 30, 2012, the night of a blue moon, and I’m a bit blue with the news earlier in the week that this will be the last season for The Office. So I thought I’d crack open a Blue Moon (OK, not literally — taking some literary license here) and share some thoughts about […]
by William Dabney The Uniformed Services Employment and Reemployment Rights Act (USERRA) and its state-law analogues present challenges for employers. Not only do those laws require you to reinstate returning military personnel to their former jobs with no loss of pay, privileges, or opportunities, but they also require special consideration and accommodation to military applicants […]
by Keri Bennett It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses. Their right to get from the terminating employer the pay they would have received during a period of reasonable notice is usually net of any […]