Tag: Employment law

Employee who talks about settlement gets less

By Brian P. Smeenk It’s common practice across Canada, when settling a discrimination or wrongful termination claim, to agree that the deal will remain confidential. What can an employer do if employees fail to honor that agreement? What if they blab about the settlement to their coworkers?

Conspiracy theory

Potential Liability: Angela and Trevor are going to jail. Dwight too? Not even Rainn Wilson’s recent video could keep us from watching this week’s episode, “The Target,” which featured a murder-for-hire plot, a giant comment-card pyramid, and Dwight’s pixelated genitalia. Yikes, indeed. Angela has discovered that her husband, The Senator, is having an affair with Oscar. She does not react well and […]

Just how safe is your handbook’s at-will employment statement?

by Tammy Binford It’s hard to think of anything more sacred to employers than the doctrine of employment at will. Employers have long been advised to make sure their employees are aware of their at-will status, meaning that unless employees have an employment contract, they can be terminated for good reason, bad reason, or no […]

Insights from a CEO: How HR can get “a seat at the table”

HR has been working for “a seat at the table” for decades, yet that goal remains elusive. Just being the department in charge of what’s often touted as a company’s most valuable resource – its people – isn’t enough on its own. Despite lofty talk, HR often is still seen as the personnel department, a […]

The FLSA and holiday pay for temporary employees

by Craig Olivo Q: We recently hired a temporary employee for a position that is classified as exempt under the Fair Labor Standards Act (FLSA). With the holidays quickly approaching, will we be required to pay the temporary employee for the holidays observed by our company? A: The FLSA doesn’t require payment for time that […]

EEOC’s Confidentiality Requirements Are Too Strict, Court Says

Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what the U.S. Equal Employment Opportunity Commission says, ADA protects only information obtained in response to […]

Examine winter-weather policy before hazardous conditions strike

Although the calendar shows winter is still a month away, employers would be wise to think now about how they’ll handle the challenges hazardous winter weather will bring. When snow, ice, or other extreme weather shows up in the forecast, employers’ thoughts turn to how weather might prevent employees from getting to work and how […]

Holiday bonuses may cause FLSA headaches

by Kara E. Shea Many employers provide bonuses to employees this time of year, including everything from holiday turkeys to annual longevity pay. However, employers that play Santa must be mindful that under the federal Fair Labor Standards Act (FLSA), some bonuses may require additional overtime pay to nonexempt employees. Payments that affect overtime First, […]

Employers on their own for compliance with health and safety orders

by Rosalind H. Cooper Employers in many Canadian provinces have often looked to Ministry of Labour inspectors to provide guidance to assist them in complying with their obligations under various occupational health and safety statutes and regulations. Employers often request such advice because they believe that Ministry of Labour inspectors, who visit multiple workplaces and […]

Ain’t no cure for the holiday blues

It’s that time of year again: caroling, Charlie Brown, trees, mistletoe, shopping, and family. All the good stuff, right? For most people, that’s true. But for some people, the holidays are a time of sorrow and loneliness. And for people with clinical depression, they can be especially trying. As an employer, you’re in a bit […]