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Post-contractual duty to act faithfully: a protection limited to a (too) reasonable period

by Isabelle East-Richard Throughout Canada, whether under article 2088 of the Civil Code of Québec in Quebec or the common law elsewhere, employees have a duty to act faithfully and honestly toward their employer once the employment relationship has ended. That is the case even when there is no noncompetition clause in an employment contract. […]

Union Organizing: Employer Ordered To Bargain Even Though Union Lost Election; What You Can And Can’t Do During An Organizing Campaign

Have your employees been grumbling about wanting better pay and benefits? If so, you could be headed for a union-organizing drive, and it’s critical that you know what the law allows you to do. A recent case involving an employer that promised better pay and handed out perks to employees on union election day demonstrates […]

Suit Seeking Plan Docs in Spanish Dismissed for Lack of Harm

A federal district court judge on Aug. 12 dismissed a suit by current and former employees of a Maryland construction company who alleged that the company failed to comply with ERISA disclosure requirements and to provide retirement plan documents upon request because the Spanish-speaking plaintiffs couldn’t understand the English documents. ERISA requires that plan sponsors […]

Medical C-Suite Compensation on the Rise

A new survey that reveals that compensation in the medical C-Suite rose steadily throughout 2015, also found the compensation increases may be attributed to greater demand and expanding responsibilities for these roles within healthcare organizations.

The Top 5 Reasons Employers Should Offer an FSA

Flexible spending accounts (FSAs) are a common feature of employee benefit plans. But why would an employer offer an FSA plan to its employees? Well, it’s extra money in your workers’ pockets that you and your employees probably don’t want to leave lying on the IRS’ table. Karen Kirkpatrick, senior compliance adviser for Infinisource, explained […]

Employers Jailed for Failing to Pay Back Wages

Ever wonder just how far government agencies will go to punish employers who don’t pay back wages? As the owners of Southern California Maid Services and Carpet Cleaning Inc. found out recently, the U.S. Department of Labor (DOL) is prepared to take misbehaving employers all the way to the jail house to enforce back wage […]

Minneapolis shooting a reminder to be on guard against workplace violence

by Tammy Binford The September 28 shootings that killed six at a Minneapolis business put employers on notice that workplace violence can occur with no warning. Other times, though, there are signs that employers should heed. The October issue of Minnesota Employment Law Letter contains an article titled “Employers look anew at preventing violence in […]

Advertising Requirements Before Hiring Foreign Worker

By Gilda Villaran In our January 4, 2010, article titled Obtaining a Work Permit in Canada: The Labour Market Opinion Process, we explained that in order to get a work permit for a foreign worker, an employer in Canada generally must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and […]

EEO Training Makes Economic Sense Even in the Worst of Times

By Sam R. Fulkerson According to the Equal Employment Opportunity Commission (EEOC), 93,277 workplace discrimination charges were filed nationwide during 2009 ― the second-highest level ever ― and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and national […]