Author: David Wong

Human rights complaint can hurt your reputation AND your bottom line

By David G. Wong Until recently, the damages awarded by Canadian human rights tribunals, courts, and arbitrators across the country for human rights violations were relatively modest. In the past few years, we have seen those awards increase, although not to an outrageous level. But that might all be changing, as two recent decisions out […]

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Selection show: seeding literature’s worst HR nightmares

March Madness always brings out our need to sort, rank, and compare. Personnel managers need not be any different and, since I’m nominally in charge of bringing literature to the discussion here and since we trace this blog’s heritage to speculating on Michael Scott’s employment law sins in The Office, let’s begin filling a bracket […]

Organized labor’s knockout punch

by John Neighbours Following the United Auto Workers’ (UAW) election loss at Volkswagen’s (VW) automobile plant in Chattanooga, Tennessee, AFL-CIO President Richard Trumka declared, “That was just round one” in organized labor’s southern strategy. From my perspective that is nothing more than “making lemonade out of lemons.”  Transplant automobile manufacturers have been locating plants throughout […]

Overtime rules: Changes on the way, but specifics scarce

Secretary of Labor Tom Perez has his orders. President Barack Obama on March 13 officially directed him to “modernize and streamline the existing overtime regulations.” The president’s directions further instruct the Department of Labor (DOL) to “address the changing nature of the workplace” and simplify the rules so that they will be “easier for both […]

Trash talk or abuse? NFL debates banning the N-word

In any other NFL offseason, with the hype over combine results all over the television and free agency in full swing, it’s likely many football fans might not notice the NFL Competition Committee meeting in the background. But this year, the committee is making news as it mulls over a controversial potential new rule that […]

Employee solicitation: Do you have any recourse?

By Sébastien Gobeil We have often reported on how Canadian courts enforce, or do not enforce, noncompete and nonsolicitation clauses. But those cases have focused on the solicitation of the former employer’s customers or clients. What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have […]

Military downsizing presents opportunity, challenge for employers

A thread running through a succession of news stories is sending a clear message to employers: The military is shrinking its ranks and the pressure is on civilian employers to hire more veterans.  U.S. Secretary of Defense Chuck Hagel announced new downsizing plans for the nation’s armed forces in February, explaining that budget cuts are […]

Maintaining a religion-neutral workplace

by Charles S. Plumb About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the Oklahoma Capitol grounds. Not surprisingly, a satanic group then asked Oklahoma’s Capitol Preservation Commission for permission to erect […]

Satisfying your obligation to accommodate disabled employees

by Kara E. Shea Did you know the fastest rising category of claims filed with the Equal Employment Opportunity Commission (EEOC) is claims based on disability discrimination and/or failure to accommodate disabled employees? This isn’t surprising given that, under the expanded Americans with Disabilities Act (ADA), virtually any nonminor/nontransitory impairment may be considered a qualifying […]

Wiccan what? Religious accommodations and sincerely held beliefs

by Steve Jones Q If an employee asks for time off for her religious beliefs, can I legally question her about her religion (e.g., what her religion is and why she needs off)?  A Most likely, yes. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion. The Act requires employers […]