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Nonunionized federal employees in Canada insulated from without-cause dismissals

by Christopher Pigott A sharply divided Supreme Court of Canada recently overruled the Federal Court of Appeal and held that, subject to narrow exceptions, federal employers are not entitled to terminate nonunionized employees without cause (Wilson v. AECL). This prohibition applies even if the employer is willing to provide generous notice and severance pay.

You Can’t Change Who You Are by Flipping a Switch

You are who you are. I’m in my 50th year. I am who I am. If I were to take a personality test, it would tell me largely the same thing it would have told me 10 or even 20 years ago. Sure, things happen in our lives that can cause our personalities to change […]

workers' comp

New OSHA rules limit postincident drug testing

by Bart N. Sisk The Occupational Safety and Health Administration (OSHA) has issued new rules revising its requirements for recording and submitting records of workplace injuries and illnesses. The revised rules require employers in certain industries to submit injury and illness data electronically. The frequency and content of the reports depend on the size and […]

class

Campus recruiting: It’s about making connections, not just filling jobs

It’s the time of year when college students are getting ready to go back to campus to complete their education and find their place in the world of work. But students aren’t the only ones heading back to school. Employers, too, have business on campus as they look for the best and the brightest to […]

Ask the Expert: Benefits Continuation during Leave of Absence?

If an employee was approved to take an unpaid month long leave of absence, are we required to extend her health benefits during that month? If we are obligated to provide them, is she responsible for the entire premium for that month? Do we treat this like a continuation of coverage, even though she is […]

Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]

The Changing Landscape of Parental Leave: Paid Family Leave Legislation and EEOC Policy Guidance

By Kevin Green, JD, Fennemore Craig According to a recent study, the United States is the only industrialized nation in the world that does not require private sector employers to provide paid parental leave for employees. That same study concluded that the United States is one of only three countries in the world that does […]

ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.