Tag: Employment law

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Play-or-pay factor: Affordability safe harbors

By Martin Simon If an employer covered by the Affordable Care Act play-or-pay requirements decides to play by providing health insurance coverage, it could still be hit with penalties if the coverage is “unaffordable.” Coverage is unaffordable if one or more of the employer’s full-time employees receives a premium tax credit because he or she […]

Better an addict than a thief: disciplining drug- and alcohol-dependent employees

By Jennifer M. Shepherd and Hannah Roskey It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions. […]

Deja vu

Litigation Value: Nothing for Pam, but I’m sure the Philly real estate employees have plenty of gripes. Last night’s episode of “The Office” was a repeat of “Move On: Part I,” which we covered in our post “Breaking Up Is Hard To Do.” There were plenty of shenanigans in Scranton during that episode, so we […]

IRS issues guidance on ACA’s ‘play or pay’ rules

by Michael Bindner The IRS has issued Notice 2012-58, which describes safe-harbor methods employers may use to determine which employees are “full-time” workers for purposes of the “shared responsibility” penalty of the Affordable Care Act (ACA), which is often referred to as Obamacare. Notice 2012-59, issued by the U.S. Department of Labor (DOL) and the […]

March Madness at work: Can it be a slam dunk?

by Tammy Binford “Team building” is a term that gets a lot of buzz among those interested in fostering collaboration and camaraderie in the workplace. Executives are eager to sponsor activities to nurture creativity and productivity, and they sometimes focus their efforts on helping employees have fun at work.   With March Madness in full swing, […]

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]

Todd Packer’s revenge

In last week’s episode, this blog’s all-time favorite character returned with gifts. And when I say “gifts,” I mean gifts for the writers of this blog; not so much for the Scranton branch. That’s right, Dunder Mifflin’s all-time leader in litigation liability for the company, Todd Packer, returned to the show for (what just has […]

The power of a PIP – performance improvement plan

By Marie-Julie Lanctôt Under their management rights, employers may establish fair, accurate, and achievable performance standards. A recent decision from the Labour Relations Board of Quebec, Piché et Impérial Tobacco Compagnie ltée, 2012 QCCRT 0600 (decision available in French only), serves to illustrate how Canadian employers may properly dismiss employees for poor work performance despite […]

Beyond Yahoo! hoopla: Legal issues have place in work-from-home debate

by Tammy Binford When Yahoo! Inc. CEO Marissa Mayer decided her company would be better off if home-based workers relocated to the office, she gave a lot of people a lot to talk about. And telecommuters, HR professionals, executives, and bloggers sounded off in a big way. The furor started with a memo in February […]