Archives

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]

Print

Health Care Reform: One “Check Up” You Shouldn’t Miss

The Patient Protection and Affordable Care Act (PPACA) passed but left many implementation details unclarified, says Michael P. Aitken. Significant regulatory process will continue for years, he says. What is clear is that HR managers will be dealing with PPACA issues all the way along. Use this article as a checklist or reminder of all […]

Print

Sincerity Is Strength

Over the past few weeks, I have been reminded what a powerful trait sincerity can be in the workplace.  Webster’s defines sincerity as “the quality or state of being sincere, honesty of mind, freedom from hypocrisy.” I like that term “honesty of mind.” It strikes me that when you encounter someone who is truly sincere, […]

Print

What, That Was a Request for FMLA?

Biggest Failure The biggest problem with FMLA is frontline supervisors who have heard clear notice of the need for FMLA, but who didn’t understand what it meant or what to do, says Attorney Tam Yelling Training is, of course, the answer. Supervisors and managers need to be trained that requesters don’t need to use any […]

Print

Legislation Seeks to Curb Employee Misclassification via Fines, Notice Rules

Adding momentum to federal agencies’ ongoing initiatives to crack down on employee misclassification, the U.S. House and Senate have introduced legislation intended to curtail the misclassification of employees as independent contractors. The Employee Misclassification Prevention Act, introduced April 22, would amend the Fair Labor Standards Act (FLSA) to impose additional compliance and record-keeping requirements on […]

Print

FLSA Recordkeeping, FMLA Rule Revisions Planned for Later This Year

This morning the Department of Labor (DOL) hosted its final two agency agenda web chat sessions, beginning with an hour-long segment hosted by the Wage and Hour Division (WHD). Deputy Administrator Nancy Leppink fielded questions and provided insight toward the Division’s current regulatory initiatives. The agenda priorities for the Division in the Spring agenda include […]

Print

Michigan Indoor-Smoking Ban Takes Effect Saturday

Effective May 1, 2010, smoking will be prohibited in most Michigan workplaces, restaurants, and bars. The law, known as the “Dr. Ron Davis Law,” was signed by Governor Jennifer Granholm on December 18, 2009, and bans smoking indoors in Michigan “public places.” Under the law, “public places” are defined to include most places of employment, […]

Print

FMLA Was My Favorite (When I Was a Plaintiffs’ Lawyer)

“FMLA was one of my favorite statutes when I was a plaintiffs’ lawyer,” says Attorney Tam Yelling. The law had a great intent, she adds, but it confuses employers. Yelling says that understanding the Family and Medical Leave Act (FMLA) is simple: Two sentences sum up what employers need to do. Of course, Yelling has […]

Print

Shocking Arbitration Decision in Ontario

By Donna Gallant The latest price tag for terminating an employee based on inadequate investigation and preconceived notions of guilt is $500,000. In a searing decision, an Ontario arbitrator found that the Greater Toronto Airports Authority (GTAA) failed to take reasonable steps to ascertain the truth about an employee’s medical condition before it fired her […]

Print

OFCCP Reveals Glimpses of Enforcement Plans Targeting Federal Contractors

Early Tuesday morning, the U.S. Department of Labor (DOL) resumed its ongoing series of agency Web chats with a brief session hosted by Patricia Shiu, the director of the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP enforces the civil rights of both federal contractor employees as well as applicants for federal contractor jobs. […]

Print