Monthly Archives: December 2010

HAPPY HOLIDAYS

With Christmas just two days around the corner, we’d like to wish all our readers a happy, safe and enjoyable holiday season.  And for anyone – whether in the world of HR, employment, or otherwise – who needs their spirits brightened, just take a look at the humorous plight of Santa Claus, as depicted below by cartoonist Kevin Duffy (http://www.kevinduffy.net):

WHAT IS A ‘QUALIFIED’ CONTRACTOR?

Recently, the West Virginia School Building Authority disseminated a list of 18 criteria which county school boards are supposed to use in order to determine whether a contractor bidding on a project is qualified to perform the work.  The list of 18 criteria is accompanied by a short paragraph explaining that no single criterion is to be determinative.  Rather, all of the criteria are to be considered as a whole.

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NAVAL RESERVIST’S USERRA CLAIM SUNK BY THE SIXTH CIRCUIT

Recently, in Escher v. BWXT Y-12, LLC, the Sixth Circuit Court of Appeals, which covers Kentucky and Ohio, rendered an important decision regarding claims for retaliation under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).  USERRA generally grants service members reemployment rights when returning from a period of service in the uniformed services, including service members who serve in the reserves or National Guard; in addition, the statute prohibits discrimination based on military service or obligation.  Obviously, with the large number of Americans currently serving actively in the Armed Forces, USERRA is a statute with significant implications for many employers.

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