Tag: Employment law

Blogumentary

NBC just seems to know when it’s my scheduled turn to blog reactions to The Office. Rather than face my intense scrutiny and the inevitable backlash from all of my loyal followers (i.e., my mom), the network punted, airing a full hour of Parks & Recreation instead. I was a few episodes behind anyway, so […]

Discovering the perks of perks: Creative little extras can bring payoffs

Tammy Binford Imagine a workplace where employees are eager, engaged, motivated, and loyal. Now think of what an employer can do to create such employees. Part of the formula will focus on rewards, recognition, and even a little fun. When considering what perks to offer employees, the sky seems to be the limit. Paid time […]

Deep understanding of an organization leads HR to ‘seat at the table’

Human resources professionals have long sought a “seat at the table” that would elevate their professional status while providing crucial expertise to the C suite. Just how to gain that voice among an organization’s top leaders is an often-discussed topic. We asked Dr. Charles G. Capps, an associate professor of management at Lipscomb University in […]

Breaking up is hard to do

Litigation Value: David Wallace, get your metaphorical wallet out. You’ve got settlement checks to write for Erin ($2,500-$5,000 for sexual harassment and potentially a lot more for invasion of privacy), Pete ($5,000-$10,000 for sex discrimination and a touch of IIED), and Alice (the weakest claim, but still worth $1,000 or so for nuisance value). What […]

Personal liability of managers for workplace harassment

By Marisa Victor and Lydia de Guzman Canadian employers, like those in the United States, are required to deal effectively with sexual harassment in the workplace. But managers have usually been personally liable only in the worst cases. A new decision may signal a change in this. The Human Rights Tribunal of Ontario decision in […]

Piece-rate Pay System Makes Class and FLSA Collective Action Infeasible, Says 7th Circuit

A class action allegation cannot succeed when each employee works a different schedule and has countless other fact-dependent duties and responsibilities. For one employer, thousands of employees with varied work schedules and pay rates could not demonstrate “class” status for Fair Labor Standards Act purposes. This was particularly true when the employees were paid on […]

Maternity, paternity leave and ‘sensitive situation’ bring up FMLA questions

The Family and Medical Leave Act (FMLA) can be a headache for HR since the law applies to so many situations. Recently, questions regarding the timing of maternity and paternity leave as well as the need for FMLA paperwork for an employee’s “sensitive situation” were put to a group of attorneys well-versed in employment law. […]

The irony of irreparable harm

By Bruce Grist Conventional wisdom suggests that because a nonsolicitation clause is more likely than a noncompete clause to be enforced by a Canadian court, why bother including a noncompete clause in an employment agreement? The British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng suggests that there is still value in including […]

The Return of the Nard Dog

Litigation Value: $0. Though there is all sorts of questionable stuff going on, none of it should expose Dunder Mifflin itself to any claims or liability. In tonight’s episode, “Couples Discount,” no one really covers themselves in glory.  You’ve got The Office denizens seeking to goof off one last time before Andy returns, and pretending […]

Guns do not belong in the workplace

by Al Vreeland In these pages, we try―often ham-handedly―to infuse a little humor into the very real workplace dilemmas you face on a daily basis. When we first conceived this article, obvious redneck gun jokes were, well, obvious. But the recent massacre in Newtown, Connecticut, has left us humorless, while recent events in several state […]