Author: Tammy Binford

Untangling Questions About Bereavement Leave

Employers have many issues to consider when writing employee leave policies. Questions such as, “How will time accrue?” “When do employees become eligible for leave?” and “Under what circumstances should employees be paid when on leave?” barely scratch the surface. But when the issue is bereavement leave, employers may feel they have more at stake […]

Appeal Planned Over NLRB Poster Court Ruling

Although a federal district court in Washington, D.C., has ruled that the controversial employee rights poster requirement will go into effect April 30, the legal wrangling over the issue likely isn’t over. The ruling from U.S. District Court Judge Amy Berman Jackson on March 2 is a partial victory for the National Labor Relations Board […]

Quitting Before End of Notice Period: Lessons from B.C. Court of Appeal

By Hadiya Roderique Working notice — the default under many pieces of employment standards in Canada — can be a way to reduce an organization’s cost of termination of employment. But what happens when an employee quits in response to getting fired before the end of the notice period? And what happens when the working […]

New ADA Design Standards Take Effect March 15

Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15. The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of more […]

Dangers of a Sense of Entitlement

It was a busy travel day and, as often is the case, a flight was canceled. As you might expect, the passengers weren’t all that happy about it. One man in particular was visibly upset by the canceled flight. As he waited in line to book passage on another flight, he became increasingly agitated until […]

Pyramid

Litigation value: $150,000. This isn’t Hooters, Dwight. Requiring Kathy to flirt with customers is sexual harassment. Additional damages if Todd Packer plays his sexual predator role as well as we suspect he can. “Bloggers are gross. Bloggers are obese. Bloggers have halitosis.” — Dwight Shrute Sticks and stones, Dwight. Sticks and stones. Dwight should be […]

Wage Deductions for Sickness Could Make You Ill

by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]

EEOC Issues New Guidance on Employing Veterans with Disabilities

The Equal Employment Opportunity Commission (EEOC) has released new guidance addressing how changes to the Americans with Disabilities Act (ADA) affect the employment of veterans with disabilities. One of the guides is aimed at employers, and the other is for veterans. Both are available at www.eeoc.gov. The guides reflect changes brought about by the ADA […]

At-Will Employment: Employer’s Dream or Toothless Tiger?

The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]

Should Noncompete Agreement Be in Purchase and Sale Agreement or in Employment Agreement?

By Chris Semerjian When Canadian employers are buying other businesses, the question of noncompetes often arises. But a noncompetition provision in an employment contract may not be the answer. According to the Quebec Court of Appeal in Guay Inc. c. Payette, 2011 QCCA 2282, you may be better protected by only having a noncompetition covenant […]