Tag: Employment law

EEOC Finalizes Employer Recordkeeping Rules Under GINA

The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by […]

School for Scandal: Hearst Corp. Latest Company to Be Sued by an Unpaid Intern

By Liza Casabona Thinking that an unpaid intern might provide an answer to payroll your budget woes? Think again. Several recent, high profile lawsuits filed by interns underscore the risks faced by companies sponsoring unpaid internships. The Hearst Corp. is among the latest companies to be accused by interns of wage and hour violations. The […]

Congress, Stakeholders Challenge OFCCP’s Proposed EEO Quota

Members of Congress are questioning whether the Department of Labor has the authority to require employers to set goals for hiring hiring disabled workers. The inquiry concerns the propriety — and practicality — of proposed rules announced late last year by DOL’s Office of Federal Contract Compliance Programs requiring federal contractors to institute hiring goals. […]

Demotion Inappropriate Response to Poor Performance

By David T. McDonald “Cause” for termination is a difficult standard to meet in Canada. So what are your alternatives if you don’t have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods (2003) Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court has recently said a demotion may not be a proper […]

Some Friendly Advice

Litigation Value: Nada, Zero, Zilch. Interview Advice: Priceless. No “Office” last night, fellow Scrantonites! (Scrantonians?) I didn’t know what to do with myself all evening. And since we don’t have a new episode – or even a rerun – to discuss, I did what I do best and made a list. Top 10 Things NOT […]

Allowing Gambling at Work: A Good Bet or Bad Odds?

By Celeste Blackburn Are your employees gambling at work? With the Super Bowl and NCAA basketball tournaments coming up, it’s almost a sure bet that at least some employees are gambling on sports during company time, using company equipment. Sometimes, employees don’t wait for major sporting event to gamble, instead betting on the Oscars, American […]

Administration to Release Long-Awaited Family Leave Proposal Jan. 30

Regulations implementing expansions to the Family and Medical Leave Act will be proposed Monday, the White House announced today. The 2009 legislative amendments added FMLA coverage for caregivers of wounded and ill service members and veterans. It also provided eligible employees the ability to take FMLA leave to tend to “qualifying exigencies” stemming from a […]

Can I Get a Second Opinion on Worker’s Readiness to Return from FMLA Leave?

by Steve Jones Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job? A: No. The FMLA doesn’t permit an employer to request a second […]

Canadians Can Now Sue for Invasion of Privacy, But It’s Not Worth Much

By Brian P. Smeenk Does Canadian law recognize a right to sue somebody for invasion of privacy? In a landmark ruling in Jones v. Tsige, Ontario’s highest court recently said essentially: Yes. In limited circumstances you can sue for “intrusion upon seclusion.” But you won’t have a big payday. This decision is a very significant […]

Loss of Qualifications: What’s the Employer’s Obligation?

By Gulu Punia What’s an employer in Canada to do if an employee loses a required qualification? For example, if drivers lose their licenses? If professional employees lose their accreditation? Is there a requirement to provide notice or pay in lieu of notice of termination? A recent appeal court decision in Ontario suggests that in […]