Author: Andy Tanick

Now showing at a workplace near you

The air is bitterly cold, especially here in Minnesota. The kids are back in school, and the Christmas decorations have all been put away. For followers of pop culture, those signs can mean only one thing: Now you finally have time to see all those prestigious, blockbuster movies that came out in late 2014. Business […]

Dangerous driving: employer liable for unauthorized use of company vehicle

by Hannah Roskey It is well understood that Canadian employers may be vicariously liable for the actions of their employees when the employees are acting within the scope of their duties. But surely not if the employee acts against the instructions of the employer? Maybe so, according to a recent panel of the Alberta Court […]

EEOC weighs in on employer wellness plans

by Kelly Smith-Haley January is here, which means diet, exercise, and wellness resolutions aren’t far behind.  And, like many of us, the EEOC has “wellness plans” on its list of 2015 New Year’s resolutions.  The Chicago branch of the EEOC recently filed its third action alleging that an employer-sponsored wellness program violates the Americans with […]

Vermont’s layoff warning law to take effect January 15

by Jeff Nolan The substantive notice requirements of Vermont’s new law requiring warnings before mass layoffs takes effect January 15, meaning the federal Worker Adjustment and Retraining Notification Act (WARN Act) isn’t the only law requiring certain employers to notify employees of an impending plant closing or mass layoff. The Vermont Notice of Potential Layoffs […]

FMLA leave and reinstatement: How to handle ‘key employees’

Just because the Family Medical Leave Act is rigid in many respects doesn’t mean there isn’t leeway in some situations. For example, reinstatement may not be required for employees deemed to be “key employees.” Recently a group of attorneys well-versed in FMLA issues was asked about exceptions to the reinstatement rule for certain high-level employees. Here is their take on that limited exception to the FMLA rule.

BFOQ FTW

YOU are a seasoned HR pro.  YOU understand the difference between Internet slang–omg, imho, lmao–and the Title VII defense of BFOQ.  We must discuss the BFOQ exception–bona fide occupational qualification–in the wake of the Abu Dhabi adventures of actress, singer, and ex-Biebs girl Selena Gomez.  ICYMI (see what I did there?), a picture surfaced of […]

Commissions during the notice period: contractual language rules

By Thora A. Sigurdson In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a specialized salesperson was terminated without cause after 10 months’ service. He sued for wrongful dismissal. At trial, the main issues were the length of notice for a short-term salesperson and his entitlement, if any, to commission payments during the notice […]

‘Tis the season: resolutions for the new year

by Leslie Bakken Oliver It’s that time again, when many of us take inventory of the past year and make resolutions for the coming year—for example, to do better, work smarter, become more efficient, or waste less time. For some of you, focusing on aspirations for the coming year may be part of a formalized […]

Top 10 OSHA citations of 2014

by John E. Hall The Occupational Safety and Health Administration’s (OSHA) most-violated standards for fiscal year (FY) 2014 were recently announced at the National Safety Council Congress and Expo in San Diego, California. Once again, there were few surprises. Employers would be wise to assess their efforts to comply with the 10 identified standards.  In […]

Legal knots untied: Same-sex marriage soon to be lawful in Florida

by Robert J. Sniffen and Jeff Slanker Effective January 6, 2015, same-sex marriage will be lawful in Florida. On December 19, 2014, the U.S. Supreme Court declined to extend the postponement of a federal district court’s decision that Florida’s ban on same-sex marriage was unconstitutional. The district court judge postponed his order until January 5, 2015, […]