Author: Northern Exposure

Loss of Qualifications: What’s the Employer’s Obligation?

By Gulu Punia What’s an employer in Canada to do if an employee loses a required qualification? For example, if drivers lose their licenses? If professional employees lose their accreditation? Is there a requirement to provide notice or pay in lieu of notice of termination? A recent appeal court decision in Ontario suggests that in […]

A “Get-Together”

Litigation Value:  Call it what you will — a get-together, party, or bacchanalia. By any name, tonight’s gathering at the soon-to-be-former home of Robert California could prove costly for both Dunder Mifflin Sabre and its chief executive. “Are you ready for some meatballs?”  At night’s end, The Office‘s figurative answer to that literal question by […]

Misclassifying Employees as Independent Contractors: Front-Burner Issue Again

by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]

California Public-Sector Employers Facing Challenging New Laws

Public-sector employers in California are facing an array of challenges in 2012 — declining revenues, out-of-control costs, fading reserves, and “a slew of bills further hobbling public agencies’ ability to control costs,” according to Jonathan Holtzman, a partner with Renne Sloan Holtzman Sakai LLP in San Francisco. Here’s a look at some new laws affecting […]

Widespread Discontentment May Increase Employee Turnover

Now that the calendar has turned to 2012, employers and employees alike are taking stock. Will the new year bring relief from a long recession? Will layoffs slow down and hiring speed up? Will discontented, overworked employees have a chance to recharge? The answers are specific to individual employers and employees, but survey data provide […]

Lessons from Martin Luther King, Jr.

On Monday, our nation celebrated Martin Luther King Jr. Day. It’s appropriate that we celebrate the life of this great American for all he did to positively impact life in our great country. A peek into Dr. King’s life and his pursuit of civil rights reveals that he can be a great role model for […]

Employing People with Disabilities: What Does New Proposed Rule Mean?

By Tammy Binford Government statistics show that unemployment among people with disabilities is far higher than unemployment for people without disabilities. Year-end figures for 2011 are not yet available, but the Bureau of Labor Statistics (BLS) has figures revealing that the 2010 unemployment rate for people with disabilities was 14.8 percent. That’s more than one […]

EEOC Reports Record Highs, Reductions in 2011

According to the annual Performance and Accountability Report released in November, the Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a 10 percent decrease in its pending-charge inventory, the first such reduction since 2002. At the same time, the agency achieved the highest-ever monetary amounts through administrative enforcement, and it received a record […]

Recent Court Decisions Highlight the ADA’s “Association” Provision

By Susan W. Kline In addition to prohibiting discrimination against qualified employees and applicants with disabilities, the Americans with Disabilities Act (ADA) prohibits employment discrimination against someone, regardless of whether he has a disability, because of his known relationship or association with a disabled person. The disabled person with whom the employee or applicant is […]

National Employment Law Trends

Last year is ended on a high note, at least in terms of one economic indicator: the nation’s unemployment rate fell to 8.5 percent in December. Despite that good news, many states are still experiencing record unemployment; this rampant unemployment was the number one issue addressed by state legislatures this past year. Here is a […]