Tag: Employment law

NLRB rejects common handbook policies barring ‘negativity’

by Brian R. Garrison The National Labor Relations Board (NLRB) has been focusing its attention on policies in nonunion companies’ employee handbooks, finding certain policies violate the National Labor Relations Act (NLRA) by restricting employees’ ability to engage in protected concerted activity. Continuing that trend, the NLRB recently found that work rules barring employees from […]

Class of 2014: Will new grads fill employers’ needs?

The 2014 wave of college graduates has hit the employment shore, providing employers with a flood of eager applicants ready to put their newly acquired skills to work. But are they landing on solid ground or shifting sand? Some statistics indicate the terrain is more stable than in recent years, but the road is still […]

Preventing Employee Data Leaks Requires Proper Safeguards

Reducing the risk of data breaches requires assessing your company’s vulnerabilities, then addressing them with policies, procedures, training and agreements. The media tend to focus on external hackers, but “the real culprits for most our clients are internal,” according to employment law attorney Robert Fitzpatrick. Employee data breaches can be classified into the deliberate and […]

Beating the Heat

Last week, basketball royalty and media-superstar LeBron James was forced to make an early exit from Game 1 of the NBA Finals due to severe leg cramps. The King’s cramps were due in large part to the malfunctioning air-conditioning system at the AT&T Center, home of the San Antonio Spurs. Combined with the Texas summer […]

Hiring new and young staff this summer? Think safety first!

By Deanah Shelly A few summers ago, Ontario employers were surprised by a monthlong young worker safety inspection blitz. During the blitz, Ontario Ministry of Labour inspectors visited 2,024 workplaces across Ontario and issued 5,862 orders. Of those, 105 were stop-work orders, forcing workplaces to stop production until they complied with the listed requirements. On […]

Laws That ‘Ban the Box’ on Job Applications Keep Trending

“Ban the box.” It’s not just a catchy phrase, but represents a law that restricts employers from asking a job applicant about his or her criminal history during the initial employment application. The ban-the-box law — a state, county and city mandate that requires employers to remove the criminal record disclosure box from job applications […]

Quickie election rules are coming—are your managers and supervisors ready?

by Robert M. Vercruysse In February 2014, the National Labor Relations Board (NLRB) once again announced that it was going to change the rules for Board-conducted elections. This time, there is a properly appointed five-member NLRB. The Board’s previous attempt to change the election rules failed because the courts held that it didn’t have a […]

Where there’s smoke, you’re fired: tackling rising costs of tobacco use

by Holly K. Jones, J.D., If there’s one thing on which smokers and nonsmokers can agree, it’s that smoking is an expensive habit. While tobacco companies and trade groups challenge coupon and discount bans on cigarettes, employers have taken up a different fight against the rising costs of smoking.   For several years, employers have begun […]

‘But it was due to my addiction’—when is last-minute confession too late?

By Kyla Stott-Jess It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, […]

Overhauling overtime

by Adam P. Boyd The Fair Labor Standards Act (FLSA) establishes basic rights and wage protections, including overtime pay requirements, for American workers. The majority of workers covered by the Act must be paid 1 1/2 times their regular pay rate for all hours worked in excess of 40 per workweek.  On March 13, President […]