Practical HR Tips, News & Advice. Updated Daily.
by Michael E. Barnsback Jonathan Mook (one of our intrepid Virginia Employment Law Letter editors) and I recently taught a Family and Medical Leave Act (FMLA) Master Class. As with all of our FMLA classes, the major concern among the participants was how to curb abuse and prevent claims. One of the recent cases we […]
Update (April 13, 2012): The deadline for submitted comments about the proposed rule change has been extended until April 30, 2012 The U.S. Department of Labor (DOL) is proposing a rule change that would affect how employers calculate leave time under the Family and Medical Leave Act (FMLA) and how employees are to be reinstated […]
By David T. McDonald “Cause” for termination is a difficult standard to meet in Canada. So what are your alternatives if you don’t have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods (2003) Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court has recently said a demotion may not be a proper […]
by Steve Jones Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job? A: No. The FMLA doesn’t permit an employer to request a second […]
By Brian P. Smeenk As we all contemplate our personal goals for next year (have you, too, promised yourself to work out more?), what resolutions should you make for your business in Canada? Your CFO might urge the normal resolutions of cutting back on consumption or reducing your size. But maybe there are some more […]
The National Labor Relations Board (NLRB) is again delaying implementation of its rule requiring most employers to display a poster explaining employee rights under the National Labor Relations Act. The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date […]
Litigation Value: potentially millions when Dunder Mifflin/Saber tries to assert ownership rights over the Stapler-Marker or scented pink paper. In an unusual deviation from its comic roots, last night’s episode of The Office, “Gettysburg,” tackled a difficult societal issue: the isolation and depression resulting from corporate America treating business like war….. Ok, that’s not true […]
by Jonathan C. Sterling Earlier this year, Connecticut became the first state to enact a law that requires employers to provide paid sick leave for employees. The law takes effect January 1, and the Connecticut Department of Labor recently published guidance on its website to assist employers in complying with the new law. Read the […]
Last month we covered the emerging issue of discrimination against the unemployed. This month, we follow that up with employment law attorney John T. Neighbors giving his insight on the legal and practical considerations of having a policy that the unemployed need not apply for vacant positions with your company. Legal Implications On the surface, […]
On June 21, Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien participated with Secretary of Labor Hilda Solis and Attorney General Eric Holder in a roundtable discussion of employment strategies for getting individuals with criminal records, including recently released prisoners, back to work. Employers, service providers, academics, policy advocates, and former prisoners also participated. The […]