Tag: Employment law

A “Get-Together”

Litigation Value:  Call it what you will — a get-together, party, or bacchanalia. By any name, tonight’s gathering at the soon-to-be-former home of Robert California could prove costly for both Dunder Mifflin Sabre and its chief executive. “Are you ready for some meatballs?”  At night’s end, The Office‘s figurative answer to that literal question by […]

Misclassifying Employees as Independent Contractors: Front-Burner Issue Again

by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]

Widespread Discontentment May Increase Employee Turnover

Now that the calendar has turned to 2012, employers and employees alike are taking stock. Will the new year bring relief from a long recession? Will layoffs slow down and hiring speed up? Will discontented, overworked employees have a chance to recharge? The answers are specific to individual employers and employees, but survey data provide […]

Another Gong Sounds for the End to Mandatory Retirement

By Ralph N. Nero and Keri L. Bennett Following the earlier lead of many Canadian provinces, the federal government has now outlawed mandatory retirement for federally regulated employers such as banks, telecommunications companies, airlines, and railways. Like many provincial governments have done, the federal government has repealed provisions under the Canadian Human Rights Act that […]

A Flush and a Fluke

Litigation Value:  Dwight manhandling Gabe = a pricey negligent retention/supervision lawsuit; Andy trying to convince Oscar to cook the sales books = $700 for an expedited severance agreement and release in full for Andy; Kevin and the Einsteins claiming all the glory at trivia = one priceless fluke. What happens when an office is $800 short of […]

HR Employment Law Resolutions for 2012

The new year is off and running, but it’s not too late for human resources professionals to make a few employment law-related resolutions that should make their lives easier in 2012. Sexual harassment policies Boyd Byers a partner with Foulston Siefkin LLP in Wichita, Kansas, says attention to sexual harassment policies should top the list […]

Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA

Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]

Employer’s Right to Reduce Pension Benefits

By Lyne Duhaime In most Canadian jurisdictions, employers are limited in retroactively reducing pension benefits. The Quebec Superior Court recently considered employers’ rights in this regard in Synertech Moulded Products, Division of Old Castle Buildings v. Tribunal Administratif du Québec et al. The court ordered the Quebec Regulator to register pension amendments proposed by the […]

Sabotage!

Litigation value: Nothing in this episode, but Dwight is perilously close to civil and criminal liability for his computer activities. Jaclyn West wrote about this episode, Doomsday, two months ago when it originally aired. Her post discussed “motivation” and the inevitable sexual harassment of warehouse Val, either at the hands of Gabe or Darryl. Dwight’s […]

10 Tips for Your Business’ Drug and Alcohol Policy

Drugs, alcohol, and employment generally don’t mix well. Employers face tricky choices when creating policies that address workplace substance use and abuse while still ensuring they stay within the bounds of state and federal laws, including the Americans with Disabilities Act (ADA). Employers must decide whether to require drug testing and then craft policies that […]