Author: Northern Exposure

Another Gong Sounds for the End to Mandatory Retirement

By Ralph N. Nero and Keri L. Bennett Following the earlier lead of many Canadian provinces, the federal government has now outlawed mandatory retirement for federally regulated employers such as banks, telecommunications companies, airlines, and railways. Like many provincial governments have done, the federal government has repealed provisions under the Canadian Human Rights Act that […]

A Flush and a Fluke

Litigation Value:  Dwight manhandling Gabe = a pricey negligent retention/supervision lawsuit; Andy trying to convince Oscar to cook the sales books = $700 for an expedited severance agreement and release in full for Andy; Kevin and the Einsteins claiming all the glory at trivia = one priceless fluke. What happens when an office is $800 short of […]

HR Employment Law Resolutions for 2012

The new year is off and running, but it’s not too late for human resources professionals to make a few employment law-related resolutions that should make their lives easier in 2012. Sexual harassment policies Boyd Byers a partner with Foulston Siefkin LLP in Wichita, Kansas, says attention to sexual harassment policies should top the list […]

Supreme Court Unanimously Upholds Church Firing of Teacher/Minister

In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial […]

Expired FMLA Forms OK for Now

The calendar now says 2012, but employers may notice that their Family and Medical Leave Act (FMLA) forms from the U.S. Department of Labor (DOL) carry a December 31, 2011, expiration date. What to do? For now, just keep using the old forms. The DOL’s Wage and Hour Division (WHD) has submitted the forms for […]

Star Performer Says He Benefited from Firing

In the book Bear Bryant On Leadership: Life Lessons from a Six-Time National Championship Coach, one of the legendary football coach’s former players says, “The best thing Coach Bryant did for me was kick me off the team.” Now, it might seem surprising for a college football player to say being kicked off the team […]

Employer’s Right to Reduce Pension Benefits

By Lyne Duhaime In most Canadian jurisdictions, employers are limited in retroactively reducing pension benefits. The Quebec Superior Court recently considered employers’ rights in this regard in Synertech Moulded Products, Division of Old Castle Buildings v. Tribunal Administratif du Québec et al. The court ordered the Quebec Regulator to register pension amendments proposed by the […]

Sabotage!

Litigation value: Nothing in this episode, but Dwight is perilously close to civil and criminal liability for his computer activities. Jaclyn West wrote about this episode, Doomsday, two months ago when it originally aired. Her post discussed “motivation” and the inevitable sexual harassment of warehouse Val, either at the hands of Gabe or Darryl. Dwight’s […]

10 Tips for Your Business’ Drug and Alcohol Policy

Drugs, alcohol, and employment generally don’t mix well. Employers face tricky choices when creating policies that address workplace substance use and abuse while still ensuring they stay within the bounds of state and federal laws, including the Americans with Disabilities Act (ADA). Employers must decide whether to require drug testing and then craft policies that […]

NLRB Recess Appointments Draw Fire

President Barack Obama’s decision to use recess appointments to keep the National Labor Relations Board (NLRB) from losing its quorum has ignited a firestorm of opposition among lawmakers and business groups. Obama announced his intent on January 4 to use recess appointments to fill three open NLRB seats. The Board, which is supposed to have […]