Month: March 2012

Background Checks: What Records Must You Keep?

If you obtain, or have prepared for you, criminal background checks, consumer reports, or investigative consumer reports from a consumer reporting agency, you must comply with the various requirements of the federal Fair Credit Report Act (FCRA).

Retaliation: Most Common Charge And Still the Stupidest

Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act. Laws prohibiting retaliation as a form of workplace discrimination have expanded rapidly in the past few years, says Joan S. […]

Quitting Before End of Notice Period: Lessons from B.C. Court of Appeal

By Hadiya Roderique Working notice — the default under many pieces of employment standards in Canada — can be a way to reduce an organization’s cost of termination of employment. But what happens when an employee quits in response to getting fired before the end of the notice period? And what happens when the working […]

Donning + Doffing = Divided Decisions

The Supreme Court has refused to resolve competing appeals court views on the nature of donning and doffing, denying certiorari in Mountaire Farms Inc. v. Perez in late February. Perez is the latest in a series of cases in which petitioners ask for further clarification on when employees must be paid for putting on and […]

What Does Maryland’s Same-sex Marriage Law Mean for Employers?

Employers in Maryland have 10 months to adjust their employee benefit policies, plan documents and plan language regarding dependents before a law legalizing same-sex marriage goes into effect. But that comes with a couple of caveats: (1) the law may be repealed before it even goes into effect; and (2) if it does go into […]

Layoff, Furlough, or Pay Cut: Which Is Best?

When you’ve trimmed all the fat you can trim from operations and marketing and the budget still isn’t balanced, companies have to turn to labor costs. But what’s the best option? There are advantages and disadvantages to each. Hiring Freeze Instituting a hiring freeze is an almost knee-jerk reaction in many organizations. But there are […]

New ADA Design Standards Take Effect March 15

Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15. The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of more […]

Dangers of a Sense of Entitlement

It was a busy travel day and, as often is the case, a flight was canceled. As you might expect, the passengers weren’t all that happy about it. One man in particular was visibly upset by the canceled flight. As he waited in line to book passage on another flight, he became increasingly agitated until […]

Pyramid

Litigation value: $150,000. This isn’t Hooters, Dwight. Requiring Kathy to flirt with customers is sexual harassment. Additional damages if Todd Packer plays his sexual predator role as well as we suspect he can. “Bloggers are gross. Bloggers are obese. Bloggers have halitosis.” — Dwight Shrute Sticks and stones, Dwight. Sticks and stones. Dwight should be […]

Wage Deductions for Sickness Could Make You Ill

by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]