Tag: Employment law

Nonunionized Employers Need to Pay Attention to NLRB (Video)

The days when only unionized employers needed to worry about the National Labor Relations Board (NLRB) are over, said attorney Charlie Plumb during his presentation at the Advanced Employment Issues Symposium (AEIS) in Nashville. Employers should be concerned about two big changes happening in the NLRB and with labor unions that Plumb believes will become […]

Green Thumb, Brown Nose

“The Garden Party” episode was light on employment litigation but heavy on workplace psychology. Poor Gabe. His capacity for humiliation knows no limits. I wasn’t sure he could sink lower than his public dumping at the hands of Erin last season, but then we witnessed his repeated sycophantic toasts of Robert California. Sad, right? Maybe […]

Notice of Termination: Must Be Clear, No Distinction for Unskilled Workers

By Ralph Nero and Keri Bennett Historically, the character of employment or level of position has been an important factor in determining appropriate severance payments in Canada. Unskilled or lower-level employees have typically been entitled to less severance than more highly skilled and higher-level employees. Some decisions have capped severance for such lower-level positions at […]

The Dark, Ugly Side of Using Unpaid Interns (under the FLSA)

Unless they protect themselves, employers using unpaid interns risk running afoul of the Fair Labor Standards Act and state labor laws. Indie movie spinoff Fox Searchlight (a division of Twentieth Century Fox) has been slapped with a lawsuit by two interns who worked on the set of the award-winning film, Black Swan. In Eric Glatt […]

What Employers Should Expect from a Ramped-Up EEOC

The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other […]

Three Years After Amendment, It’s Still a New Day for the ADA

The law that amended the Americans with Disabilities Act (ADA) was signed in September 2008, and although more than three years would seem sufficient to digest the change a new law brings, the regulations for the ADA Amendments Act (ADAAA) weren’t effective until May 24, 2011. So HR professionals and attorneys alike in many cases […]

Canadian Courts Split on Post-Employment Restrictions

by Thora A.Sigurdson Canadian courts continue to struggle with clauses in employment contracts that contain post-employment noncompetition and nonsolicitation clauses, known as “restrictive covenants.” This is an important issue in Canada, where there is no concept of “at will” employment, and all employees are deemed to have some form of employment contact. But not all […]

Grease Lightning

Litigation Value: allowing office staff to take over the warehouse and invent a new loading method = several bizarre Workers’ Compensation claims; Andy asking Oscar about his “wildest fantasy guy” while choosing new warehouse personnel = yet more fodder for Oscar’s potential claims; and controlling your own destiny = priceless. This week’s episode started off […]

Being Replaced by Computer Program Isn’t Age Discrimination

Who knows? In 20 years, there might be a robot writing these articles; we’ve faced that reality. Eventually, we may all be phased out by machines, programs, and metallic entities, the likes of which we’ve yet to even imagine. As the world has become more automated and efficient, we have all witnessed downsizing and have […]

TRICARE Suffers Texas-sized Data Breach

Stop me if you’ve heard this one — a car is burglarized, and hardware goes missing that turns out to have sensitive personal data on thousands of beneficiaries, employees, patients and customers. Same old story — but in the millions this time. Medical information on nearly 5 million military clinic and hospital patients was on backup […]