Tag: Employment law

IT Exec’s FMLA Leave Not a ‘Fire’wall

Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]

The Wild, the Innocent, and the Super Bowl Shuffle

by Boyd A. Byers Super Bowl Sunday is February 7. About 140 million Americans will watch the game on TV, and 20 million will attend a Super Bowl party. While doing so, we’ll eat 20 million pounds of potato and tortilla chips. Let’s look at some other Super Bowl-related numbers for you to ponder in […]

Reminder about OSHA Posting Requirement

It’s time to post your Occupational Safety and Health Administration (OSHA) Form 300A, the summary of job-related injuries and illnesses that occurred last year. Unless you have 10 or fewer employees or fall within one of the industries normally excused from the Occupational Safety and Health Act’s (OSH Act) recordkeeping and posting requirements, you’re required […]

Classic Rewind

Litigation Value: In the aggregate, $100 million; most of which is punitive damages OK, so tonight’s episode — The Banker –- didn’t really bring us much new material, but it indeed highlighted five years of near-catastrophic employee-relations failures. As Dunder Mifflin verges on economic collapse, a potential investor dispatches its self-proclaimed “fact-checker” to conduct a due-diligence […]

Mandatory Retirement Being Retired across Canada

Mandatory retirement has a long and storied history as part of the Canadian labor system. As we enter 2010, it appears that a new chapter is being written, one in which mandatory retirement is the exception rather than the norm. In Canada, mandatory retirement developed along with the introduction of private and public pension plans. […]

Custodian Cleans Up After Employer’s Improper Consideration of FMLA Leave

Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Ontario Adds to Broad Canadian Harassment/Violence Laws

By Alix Herber Canada’s two largest provinces — Ontario and Quebec — now have laws requiring employers to seek to provide workplaces free of “harassment.” No longer limited to human rights-related harassment, the term is broadly defined in these laws. Further, Ontario’s new law extends beyond harassment. It, like the federal law, also will require […]

What to Do When Government Officials Unexpectedly Show Up

by James P. Gillece, Jr. As an employer, you may have already experienced the discomfort of having the “Men in Black” — i.e., agents or investigators from a government agency — appear on your doorstep. With increased enforcement efforts by various federal and state agencies, the likelihood that you’ll be visited by regulators isn’t an […]

Pending Federal Legislation Would Create New Leave Mandates for Employers

The Supporting Military Families Act of 2009 was introduced in both houses of Congress in late July 2009. A mere three months later — on October 28 — it was signed into law as part of the defense funding bill for 2010. The legislation expands the circumstances in which employees may take both qualifying exigency […]