Tag: Employment law

A Word for the EEOC from Bob Kazamakis*

Do I look like someone who would waste my own time? Robert California, The Office This post takes us back to “That’s What She Said,” Ford Harrison’s earlier and excellent chronicle of The Office. After Michael Scott’s departure for marital bliss with zany HR manager Holly Flax, Dunder Mifflin floundered about in search for a […]

The case for cause with a single act of employee misconduct

by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]

President’s budget reflects administration’s labor and employment priorities

by Judith E. Kramer and Daria H. Hafner President Barack Obama has submitted to Congress his budget request for fiscal year (FY) 2016, which begins on October 1, 2015. Here are the highlights of the administration’s requests for the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations […]

Worried about ‘quickie election’ rule? Attorneys urge supervisor training

The much ballyhooed National Labor Relations Board (NLRB) rule shortening the process leading up to unionization elections is now in force, leaving employers scrambling to figure out how best to protect their interests. One bit of advice: Focus on supervisor training. Supervisors are the employer’s eyes and ears among employees, according to Kevin C. McCormick […]

Drug testing does not always violate fundamental rights

by Marie-Gabrielle Bélanger In Canada, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are regarded by our courts as an invasion of an employee’s privacy. But what about requiring targeted testing of an employee suffering from an addiction?

Employment law road map for employers entering the U.S. market

by Maria Mejia-Opaciuch, John Herrington, and Irma Solares Foreign companies and investors that enter the U.S. market are governed by numerous state and federal labor and employment laws. When you’re opening a business in the United States, it’s critical to work with experienced lawyers who can guide you through the necessary steps. Here is an […]

Are employer codes of conduct meaningless in today’s NLRB climate?

by Michael J. Westcott Based on the National Labor Relations Board’s (NLRB) recent attack on employer codes of conduct, employers need to rethink their approach to communicating to employees the kinds of conduct that are prohibited and expected in the workplace.  Weapon of choice: NLRA Section 7 Many “old school” employers provide employees with work […]

The return of the quarterback evangelist

With the NBA and the NHL heading into the playoffs and Major League Baseball’s 2015 season underway, one might think that the NFL would have a hard time breaking onto page 1 of the sports section these days. (For younger readers, that was a reference to something we used to call a “newspaper.”) Not so! […]

Transferred employee’s wrongful dismissal suit lands in New York court

by Bonny Mak Waterfall and Rachel Younan When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a […]

HR soul searching: New report calls for ‘extreme makeover’

Forward-thinking leaders of change or stuck-in-the-past resisters of change. Which phrase describes today’s human resources professionals? Serious HR practitioners aspire to the first description, but a new report warns that the profession is in need of an “extreme makeover” to ensure it can meet the engagement, leadership, development, and other challenges facing today’s workforce. The […]