With that, many employers have adopted individual arbitration programs that allow employees to fully pursue their claims without imposing the procedural complexity and long wait times of federal court.
In , however, the National Labor Relations Board ruled that individual arbitration programs are unlawful because employees cannot waive the right to pursue class actions. Regardless of how the court decides, experts agree, it will have a major impact on employment law. In Janus v.
Some observers predict if employees get the option to opt out, unions will see dues payments plummet by up to 30 percent. The Supreme Court heard arguments on Dec.
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Colorado Civil Rights Commission , another case that has divided employers, HR practitioners and academicians. The case essentially asks: Does the act of making a wedding cake entitle a baker to First Amendment protection?
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And if so, can the baker refuse to make a cake for reasons that go against his or her religious beliefs, guaranteed by their First Amendment rights? More than amici briefs have been filed on both sides of the argument. Rather, they state that Colorado anti-discrimination law does not regulate the creative message, but only the selection of customers on the basis of sexual orientation — in this case, a gay couple.
What other religious principles [for observant Christians, Jews and Islamic craftsmen] might be involved in commercial activity? Line-drawing will be very difficult for the court. Navarro poses the question of whether car-dealership service advisors are exempt from overtime pay under the Fair Labor Standards Act. Organizations have a limited amount of financial and human resources. A fundamental problem for organizations concerns effectively and efficiently allocating these limited resources. In modern businesses, such decisions are made all the time, and ultimately the success or failure of the organization is the cumulative sum of these business decisions.
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In an ideal world, leaders would direct money and energy toward activities that increase long-term profitability. In practice however, leaders often designate time and money toward irrelevant projects. Indeed, Peter Drucker, the fabled philosopher of management, argued that the main reason businesses struggle is because the leaders make poor decisions. As a reflection of their poor decision-making, the base rate of managerial failure is startlingly high.
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Although most people understand the importance of critical reasoning, new managers and executives are rarely if ever selected based on their ability to make good decisions. Despite this, it is wholly possible to fairly and accurately evaluate business leaders in terms of their critical reasoning skills. Doing so simply requires understanding the underlying processes involved in effective critical reasoning. A review of the literature on decision-making suggests that effective critical reasoning requires three things.
First, it requires a clear-minded view of the problem to be solved.
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Too often leaders spend time solving the wrong problem or problems that are not actually problems at all. Second, effective critical reasoning requires a rational analysis of possible solutions to the problem.
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Some solutions to the problem are bound to be more effective than others. Some solutions may cause future problems e. In other words, leaders with good critical reasoning skills a identify and understand critical problems, b come up with rational solutions to these problems, and c act based on the anticipated consequences of each solution. Like most things, the human capacity for critical reasoning is rooted in our evolutionary history. Our hominid ancestors evolved as group living animals in an environment that was more demanding and less forgiving than ours.
If the group members did not solve these problems correctly, they died; those that solved the entire range of problems prevailed. But the demands of survival changed constantly. In Meloche v. Meloche, the Ontario Superior Court held that, following a pension division under the Ontario Pension Benefits Act PBA , payments do not continue to the estate of a non-member spouse who predeceases the member spouse. The parties separated in after 30 years of marriage.
The respondent teacher retired in , and elected…. In Peternel v.
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In McGuinty v. In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought….
Background In , the appellant began employment with a company which was sold to the respondent employer….