Month: August 2009

Arbitrator, Saskatchewan Court Give Jerk Employee a Perk, Not Work

What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a […]

‘Red Flags’ Rule—What Are Your Obligations?

Yesterday’s Advisor introduced the Red Flags Rules for preventing identity theft. Today, we learn more about red flags, and we introduce an up-coming webinar on how to protect your customers’ and employees’ identities. Here are more typical red flags for identity theft. (Go here for the first three types of flags) 4. Suspicious Account Activity […]

Hot List: BusinessWeek’s Best Seller List

BusinessWeek magazine ranks the 10 best selling hardcover and paperback business books for September 2009 and gives a short summary. 1. Outliers: The Story of Success by Malcolm Gladwell. As you’d expect with Gladwell, there are lots of surprises in his explanation of why some people succeed fantastically. Pluck and smarts get less play here […]

ID Theft—Keeping Your Workers’ and Customers’ Trust

As many as 9 million Americans have their identities stolen each year. Are some of those thefts going to happen because your company was lax at identifying red flags? The “Red Flags Rule,” which recently went into effect, requires many businesses and organizations to implement a written Identity Theft Prevention Program. Although the Federal Trade […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

The Willingness to Dream

For a homework assignment, my youngest child had to find an inspirational quote that he liked and take it to school to share with the class. His choice was a quote that I had not heard before, but its message really struck me. I was impressed enough with his choice that I’d like to share […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

OPM Issues Proposed Regs for FMLA, Other Types of Leave

The federal Office of Personnel Management (OPM) has issued proposed regulations to address various issues regarding how federal employers may comply with the new military caregiver provisions of the Family and Medical Leave Act (FMLA). The proposed regulations are similar to the FMLA regulations issued last year by the U.S. Department of Labor (DOL). They […]

U.S. District Court Upholds E-Verify System

This week, a Maryland U.S. District Court ruled in favor of the U.S. government in a lawsuit challenging the legality of the E-Verify system (Chamber of Commerce of the United States v. Napolitano). This means that beginning September 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their […]

Did the Recession Make Your Job Descriptions “Lawyer Bait”?

By BLR Founder and CEO Bob Brady During the recent recession, many employees saw their jobs change and grow. There may be fewer bodies, but the work still has to get done. In a lot of cases this, means that job descriptions are out of date and inaccurate. They may be fodder for significant lawsuits […]