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Misclassified Employees Can Mean Big Payouts

In yesterday’s CED, attorneys Veronica Gray & E. George Joseph warned of the coming crackdown on misclassification of independent contractors. Today, classification factors considered by government agencies and the courts, as well as an introduction to a can’t-miss webinar next week. Misclassification is high on the DOL and IRS agendas, so it’s a good place […]

Exempt Employees: High Court Reinstates Class Action Overtime Lawsuit Against Sav-On; How to Avoid Being the Next Target

Over the past several years, many employers have been blindsided by big class action lawsuits from employees who say they were misclassified as exempt from overtime and are owed millions in back pay. Farmers Insurance Exchange, Big Lots, and Electronics Boutique are just a few of the businesses hit by the suits. For a brief […]

FMLA Leave: Military Caregiver Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]

Wal-Mart Layoffs Declared Illegal by Quebec Arbitrator

As we have reported before (January 6, 2009, December 2, 2008, and August 26, 2008), Wal-Mart has repeatedly been dealt blows by Canadian courts and other decision-makers. Most recently, an arbitrator in Quebec has weighed in – and it’s more bad news for Wal-Mart in Canada. Wal-Mart’s store in Jonquiere, Quebec, was certified by the […]

EEOC Proposes 30-percent Limit for Wellness Incentives

Financial wellness incentives of up to 30 percent of coverage costs would be allowed under the Americans with Disabilities Act, based on rules proposed by the U.S. Equal Employment Opportunity Commission. This long-awaited guidance generally defers to HIPAA’s nondiscrimination rules, as amended by health care reform, in determining whether a wellness program is permitted by […]

How the Mighty Have Fallen (Again)

by Katherine Pollock Recently, we learned of a scandal out of the United States that cost a top CEO his job. On August 6, Mark Hurd, the chair, CEO, and president of Hewlett Packard for the past five years, “resigned” under intense pressure from the board. While it was an allegation of sexual harassment that […]

Canada’s Top Court Signals Tougher Days Ahead on Accessibility

by Tara McPhail McCarthy Tetrault Canadian human rights laws require employers to accommodate employees and customers with disabilities up to a point. What point? The point at which the accommodation would constitute “undue hardship” on the employer. But what makes an undue hardship? A recent Supreme Court of Canada decision appears to set a high […]