Month: March 2011

EEOC Issuing Long-Awaited ADA Regulations

By David S. Fortney, Editor Federal Employment Law Insider Fortney & Scott, LLC More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Agency (EEOC) is finally issuing regulations interpreting the law’s requirements. The regulations provide crucial information for employers who, for the past two years, have struggled […]

“Let’s Keep the Temp Instead”

Yesterday, we looked at some of the reasons that fathers don’t like to take time off, including the fear of losing their jobs. Today, we’ll look at why that’s sometimes a valid concern for both men and women on family leave — particularly when a superstar temp takes over the job. “I’ll Keep the Temp” […]

Terminations—Too Often the Documentation Contradicts Itself

In yesterday’s Advisor, we explored the dangers of firing at-will employees for no reason or a silly reason. (It’s possible, but dumb.) Today, two more difficult situations, and an introduction to a policy program that will help keep you out of legal trouble when you fire. A valid reason is advanced, but evidence contradicts it […]

Shine: Using Brain Science to Get the Best from Your People

Employment law attorney Michael Maslanka reviews Shine: Using Brain Science to Get the Best from Your People by Edward M. Hallowell and finds it offers good advice on finding a dream that matches your talents. In Shine: Using Brain Science to Get the Best from Your People, Edward M. Hallowell offers some counterintuitive advice: “Taken […]

At Will—The Most Dangerous Myth in Management

You can fire anyone, anytime, for any reason or no reason. That’s heady stuff for any manager, but it’s dangerous to think that way. First of all, is it true? Can you fire anyone for any reason or no reason? In most states, absent a contract to the contrary, most employees are “at will.” So, […]

Supreme Court Rules Oral FLSA Complaints Are OK

Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]

Handbooks Help Is Here!

Yesterday, we discussed two of the big employee handbooks mistakes employers tend to make, according to attorney Elaina Smiley. Today, a look at the final mistake she sees too often, and an introduction to a valuable handbook drafting tool — specifically for California employers.

Quick Knockouts of Some Human Rights Complaints in Canada

by Hadiya J. Roderique Human rights claims are an increasingly common occurrence for Canadian employers. Employees or former employees can initiate these claims at little or no cost in most Canadian jurisdictions (the various provinces, territories, or the federal sphere). An employer must defend human rights claims to avoid an award of damages or other […]

Is Sloth the Worst HR Sin?

In yesterday’s Advisor, we covered the first 4 deadly sins of managers; Today, Envy, Greed, and Sloth, and some very good news: your job descriptions are already written and updated. [Go here for sins 1 to 4 and a bonus sin] Sin 5. Envy Envy makes managers do things that aren’t appropriate for the company. […]