Tag: Employment law

Importance of Documentation in Employment Disputes

by Gary S. Fealk Discipline and termination are issues for virtually all employers. However, many employers make employment decisions with incomplete knowledge of the events leading to the discipline or termination. Having a system for investigating and documenting workplace incidents helps employers make decisions with better knowledge of the facts. Proper documentation also reduces the […]

No Room for FLSA Abuses at Hilton

A Hilton subsidiary has agreed to pay more than $715,000 in back wages to 2,645 workers in four states. The agreement comes in the wake of a Labor Department investigation into the handling of payment for work done before the start of a shift. Nonpayment of pre-shift work at heart of DOL investigation Hilton “profited […]

That Fevered Night

Litigation Value: Not much on the employment law front. But, for many of our readers in Central Daylight Time (you know who you are), the goings-on during — and especially after — the most recent airing of The Office might have given rise to at least the kernel of an emotional distress claim. Allow this week’s […]

Dangers of Excluding Unemployed When Searching for Workers

By Reggie Gay Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy. Mastering HR Special Reports: […]

Post-Termination Disability Benefits Reduce Severance Pay

By Hadiya Roderique Severance obligations can be costly for Canadian employers since most employees are entitled to notice of termination or substantial pay in lieu of notice. A tricky issue is the impact of post-termination income on the obligations of the terminating employer. Canadian employees are often under the mistaken impression that they have an […]

Ex-Employee to Pay Employer

By Lyne Duhaime When an employee in Canada fails to fulfill his functions as expected, the ultimate consequence is a termination of employment “for cause,” which implies that no notice or other severance is paid to him by the employer. The Superior Court of Quebec recently went further. In Valeurs mobilières Desjardins inc. v. Beaulne, […]

California Scheming

Litigation Value:  More fodder for potential sexual harassment, sexual orientation, and national origin claims, but it could have been worse. At least Andy didn’t run naked through the parking lot with a doughnut on his ding-dong — that would have put me off of Krispy Kreme for awhile. Was really looking forward to being able […]

Early communication about data mishaps saves employers’ cash and reputations

As the public grows somewhat used to data breaches, simply having to acknowledge one might no longer be devastating to customer relationships, but how and when to communicate remains critical to damage control, a data security expert said in a recent webinar. In 2005 or 2006, when customers would be notified of a breach, “many would […]

Woolsey Wants Higher Fines on Employers That Misclassify Workers

Companies that wrongly pay workers as independent contractors, rather than employees, strip workers of benefits and protections and put responsible employers at a competitive disadvantage, according to Rep. Lynn Woolsey, D-Calif., who this week proposed increasing penalties on employers found to have misclassified workers. Woolsey’s bill, The Misclassification Prevention Act, (HR 3178) is the most […]