Tag: Employment law

Health Insurance Discounts for Employees Who Don’t Use Tobacco

by Sally J. Reynolds Each year thousands of Americans resolve to quit smoking, but most will be unsuccessful. Some employers have begun implementing financial incentives to motivate their health plan participants to stop using tobacco. One type of reward may be a discount on health insurance premiums for employees who don’t use tobacco or are […]

What Happens When Child Care and Work Conflict – More Guidance for Employers

By Ralph Nero and Ida Martin As we reported last week, decision makers across Canada are struggling with the meaning of discrimination on the basis of family status. Last week we looked at a Human Rights Tribunal decision out of British Columbia. This week we look at a recent Ontario arbitration decision, Re Power Stream […]

Meet the New Boss

Litigation Value: Approximately $5,000 – 10,000; Oscar’s Dunder Mifflin vacation time … and the replacement cost of Stanley’s busted windshield. Employment law issues often get overlooked in a merger while the parties focus on stock price, transition planning, public relations, and other big-ticket concerns. When Gabe announced to the Scranton employees that Sabre offered two weeks of vacation, […]

Riding herd on FMLA abuse

by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse […]

Shorter Workweek in a Tough Economy

by Claudia N. Lombardo According to economist Dean Baker, President Barack Obama’s own economic team believes the President’s stimulus package will have no effect on unemployment — currently at 10 percent — two years from now. The announcement caught the attention of many employers, already worried about having to make future layoffs, and has initiated […]

The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It

Employment law attorney Michael P. Maslanka reviews the book The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It by Christine Pearson and Christine Porath. I’ve been reading an interesting book, The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It […]

To What Extent Must Employees’ Family Obligations Be Accommodated?

By Dominique Launay Your employee is a single parent. He has to drop his children off at school each morning. They can’t be dropped off earlier than 9 a.m. He has to be back at the school by 5 p.m. to pick them up from their after-school care. He has no family to assist him. […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Dummies, Morons & Idiots

Litigation Value: $0 (which is good because Dunder Mifflin has no money left!) Unfortunately, tonight’s episode was another repeat. Matt Rita did a fantastic job covering most of the employee relations issues raised by this episode when it originally aired in November. In this post, we will discuss two moments not discussed in the previous post. First, Oscar’s […]

When Must Individual Contractors Receive Reasonable Notice?

By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status.  Nor what that status means […]