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By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]
Litigation Value: Not much from this episode, but hopefully Dunder Mifflin will recognize the problems associated with socializing with an ex-employee. This week’s episode illustrates some of the dangers of a disgruntled ex-employee. A recently fired Andy and his newly blossoming life crisis take center stage at a local fundraiser. After a great cold open where […]
by Jennifer L. Anderson A federal court in New Orleans recently paved the way for the Equal Employment Opportunity Commission (EEOC) to move forward with an Americans with Disabilities Act (ADA) lawsuit on behalf of a severely obese employee. Whether obesity is a disability under the ADA and what an obese employee must prove to […]
A New York-based luxury nail salon apparently wasn’t very polished in contending that its illegal immigrant workers were not subject to the Fair Labor Standards Act. After a federal district court pointed out clear case law to the contrary, the salon was ordered to pay $235,920 in damages and back wages to 32 employees. The […]
Job hunters are seeing glimmers of hope as the economy shows signs of rebound. Economic recovery is good news for everyone, but the downside for employers is that they may see some of their valuable employees taking advantage of an improving job market by looking for opportunities in new workplaces. When good people move on, […]
By Gulu Punia and Jennifer Shepherd Deciding to retain a contractor rather than an employee can be the right decision depending on the needs of a business. But there are risks. If a court determines that the relationship is in fact an employment relationship, the employer can be liable. Such was the case in M.A.P. […]
Litigation value: $200,000 for Andy’s severe emotional distress. Possible future litigation for his termination. Not subtle. Not subtle at all. Nellie has already usurped Andy’s manager status. Then she hauls Andy and his coworkers into a conference room and writes “IMPOTENCE” in bright red letters on the flip chart. Robert California sits there, amused by […]
by John Hall When your friendly Occupational Safety and Health Administration (OSHA) inspector comes a-knockin’, it’s usually too late to get your house in order. Here are some dos and don’ts to prepare you for an OSHA inspection and minimize your chances of citations. Preparation is your best defense Don’t wait until OSHA is at […]
A heart surgery group practice agreed to pay $100,000 to settle federal allegations that it chronically neglected standard HIPAA requirements such as risk assessment, training and business associate contracts, the U.S. Department of Health and Human Services (HHS) announced April 17. This settlement, coming hard on the heels of HHS’ $1.5 million agreement with BlueCross […]
Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]