Author: Donna Gallant

Shocking Arbitration Decision in Ontario

By Donna Gallant The latest price tag for terminating an employee based on inadequate investigation and preconceived notions of guilt is $500,000. In a searing decision, an Ontario arbitrator found that the Greater Toronto Airports Authority (GTAA) failed to take reasonable steps to ascertain the truth about an employee’s medical condition before it fired her […]

OFCCP Reveals Glimpses of Enforcement Plans Targeting Federal Contractors

Early Tuesday morning, the U.S. Department of Labor (DOL) resumed its ongoing series of agency Web chats with a brief session hosted by Patricia Shiu, the director of the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP enforces the civil rights of both federal contractor employees as well as applicants for federal contractor jobs. […]

Happy Headhunting for Employers

By Gulu Punia Successful headhunting can add significant value. But employers must be careful that they don’t become the hunted. As with any hunt, there are risks that may not be obvious. In the employment context, a Canadian employer may be on the hook for extended severance or risk an action from the previous employer […]

Federal Agencies Host Web Chats to Discuss Spring Regulatory Agendas

Throughout this week, the U.S. Department of Labor (DOL) will host a series of live Web chats to discuss the regulatory agendas of the various federal agencies. The chats, which will run through Wednesday, will include details of the proposed regulatory activities of the Wage and Hour Division (WHD), the Occupational Safety and Health Administration […]

Hot List: Bestselling “Management and Leadership” Books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Monday morning, May 26, in the “Management and Leadership” section of the “Business and Investing” category. 1. Rework by Jason Fried and David Heinemeier Hansson. Fried and Hansson argue that plans are actually harmful, […]

What You Get from Givin’ Back

I’m in New Orleans for a two-day meeting of the Employers Counsel Network, a group of leading labor and employment attorneys from across the country who write the state Employment Law Letters and Federal Employment Law Insider. One of our members suggested that while in New Orleans we should volunteer with Habitat for Humanity. You […]

Be Careful What You Wish For

“This Is Why You Don’t Date Co-Workers” — that’s what tonight’s episode of The Office should have been called. In an amazing twist of fate, this may be the only episode of The Office in which Michael Scott is (a) the voice of reason and understanding and (b) does virtually NOTHING offensive. Instead, this episode […]

Health Care Reform and Workers’ Compensation

by Donald M. Harrison Will health care reform affect workers’ comp? Even though the term “workers’ compensation” isn’t mentioned in the bill, I anticipate both direct and indirect effects on workers’ comp. Most of the consequences are unknown at this time and may not be known for several years, but two direct results are already […]

Was Termination Because of Poor Performance or Age Discrimination?

by Isabella Lee The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case […]

Supreme Court Rules for Employer in Benefits Case

By David R. Godofsky Yesterday’s U.S. Supreme Court ruling in Conkright v. Frommert rejects the “one-strike-and-you’re-out” rule, awarding a home run to Xerox as sponsor of a defined benefit pension plan. The Conkright case arose when Frommert and other employees brought a claim for benefits. The employees contended that the method Xerox used to compute […]