Tag: Employment law

Expansive Interpretations of Occupational Health and Safety Laws Changing

By Rosalind Cooper Recently, courts across Canada seem to be expanding the application and coverage of occupational health and safety legislation, providing broad and liberal interpretations of legislation. But that may be changing. The decision in Ontario (Ministry of Labour) v. Sheehan’s Truck Centre Inc. is being welcomed by many as an indication that the […]

All’s Fair in Love and War

Litigation Value: Dunder Mifflin seems to have escaped the week without major liability. But that doesn’t mean that everyone behaved. Another week, and Andy is still looking for ways to motivate and inspire his team. You’ve got to hand it to him: his analogy of business as war is, at least, more logical than most […]

Power Corrupts

by Mark I. Schickman At its heart, the Pennsylvania State University (PSU) football scandal is a criminal matter. But it’s also the ultimate example of sexual harassment being permitted to recur openly, continuously, and notoriously in a workplace. It’s a sober reminder of what can happen if any person or group believes they are bigger […]

Workers’ Compensation Mental Stress Claims May Be Expanded

By Bill Duvall Employers in Canada have taken comfort from the fact that most provincial workers’ compensation agencies provide benefits for workplace mental stress only in very limited circumstances. But that comfort may be threatened, at least in British Columbia. Earlier this month, the B.C. government introduced legislation that, if passed, will expand workers’ compensation […]

Funny Business

Litigation Value: minimum $300,000 if Dwight is retained. Once again, Dwight Schrute illustrates well what it means to “cross the line” while at work. He even raised the bar on inappropriate behavior at the Scranton branch, a feat we heretofore believed impossible. For those of you who missed this week’s episode, I’ll briefly describe. Pam […]

HHS Kicks Off HITECH Privacy Audits

A wave of HIPAA privacy audits far more comprehensive than anything attempted to date was officially launched Nov. 8 by the U.S. Department of Health and Human Services (HHS). While their official purpose is not enforcement, these audits are likely to cast a broader net than HHS scrutiny has to date — including possibly group […]

Employer Fears Lead to Discrimination Against Disabled Workers, Agency Charges

Employers need more guidance on their responsibilities under the ADA Amendments Act, according to the National Council on Disability, an independent federal agency. “NCD’s stakeholders consistently list discrimination as one of the primary barriers keeping them out of the workforce,” according to a progress report released by the NCD in October. Because of employers’ fears […]

Sports Agency and Former Employee Take (non) Competition into Courtroom

By Kyla Stott-Jess Hollywood’s portrayal of sports agencies presents a world that is dramatic and cut-throat, with ambitious sports agents competing for the chance to represent talented athletes. A recent court decision in Alberta brought this competitive business into the courtroom when a sports agency squared off against a former employee. It also provides several […]

Attorney Blasts DOL’s ‘Gotcha Approach’ to Workplace Enforcement

The U.S. Department of Labor’s (DOL) Wage and Hour Division’s (WHD) recent enforcement efforts represent a flawed approach that assumes incorrectly that employers are deliberately violating the law, according to David Fortney, cofounder of Fortney & Scott, LLC, in Washington, D.C., who testified before a U. S. House of Representatives subcommittee November 3. Fortney, editor […]

No Doom, No Gloom

Litigation Value: Sabre had better continue socking money away for a settlement with several female employees for their sexual harassment claims against Gabe. First poor Erin, and now “Warehouse Val” has to put up with Gabe’s creepy courtship. Robert may want to ship Gabe back to Tampa before he does any real damage. And Andy’s […]