Tag: Employment law

Good News on Maximum Length of Stay for Intra-company Transferees

By Gilda Villaran It’s common for companies to fill executive positions in Canada and the United States with one executive. That person is based in the United States and commutes to Canada on a regular basis to provide services to the Canadian affiliate. Since such executives are providing services to a Canadian company, they can’t […]

Southern Exposure

Litigation Value: The exposure promises to be vast when California finally takes the plunge. Who is this Robert California? What are his credentials? When did he arrive in Scranton? Where did he come from? How long until he does something highly illegal? Clearly, a lot of mystery surrounds Mr. California. Whatever his secret may be, […]

City’s Delay in Meeting Overtime Obligations Results in Court Order of Liquidated Damages

A federal court has ordered the City of Pittsburgh to pay $825,000 in liquidated damages alone to more than 900 municipal police officers. (O’Hara v. City of Pittsburgh.) The U.S. District Court for the Western District of Pennsylvania made the award following a five-year delay by the city in implementing a 2006 letter of understanding […]

Employee Suit Evaporates Because No FMLA Rights Denied

The decision in Quinn v. St. Louis Co. illuminates a fine line for employers. While eligible workers must be granted unpaid time off for qualifying serious health conditions under the FMLA, the court showed that interference must have material consequences – such as actual denial of time off – for employees to make a convincing […]

Can Canadian Employers Fire Employees for Complaints about Management?

By Ian Campbell There seems to have been an increase in cases where employees in Canada directly or publicly have challenged their supervisors or senior management. Maybe this is because of an increasing belief in their actual or perceived rights. Of course employees have the right and should be encouraged to raise legitimate workplace concerns […]

Andy for the Win!

Litigation Value: More fodder for everybody’s negligent retention suit as Dwight shows more predilections toward violence in the workplace, but otherwise, not much litigation expected from this episode – just a host of employee morale issues. I’m sure Robert California will be harassing someone before long, though. Well, friends, the wait is finally over – […]

Tennis Umps Say USTA’s ‘No Overtime’ Policy Should Be Out!

Four umpires who worked the 2011 U.S. Open Tennis Championship weren’t happy with the tournament’s outcome. It’s nothing personal against this year’s champions Samantha Stosur and Novak Djokovic, but rather the U.S. Tennis Association (USTA), who the umps say should have paid them overtime. The umpires say the Open regularly requires working more than 40 […]

Feds Team Up With States to Increase Heat on Employee Misclassification

Using independent contractors is a way to avoid paying unemployment, Social Security and Medicare taxes, overtime and  benefits. However, if an employer is found liable of misclassifying an employee in tandem with committing wage and hour violations, DOL may fine the employer, and the employer may be assessed back wages and taxes. The U.S. Department of Labor (DOL) […]

Workers’ Comp Payout After Telecommuting Worker Trips Over Dog

The warning “Beware of the Dog” is making employers fearful in a new way. One downside of offering telecommuting privileges is injuries that occur while an employee is working from home. If an employee is injured at home while he or she is on a work-related task, he or she may be entitled to workers’ comp benefits. This raises […]

Forced Landing of Air Canada Pilots over the Age of 60

By Lyne Duhaime and Emilie Paquin-Holmested On February 3, 2011, the Federal Court of Canada issued a decision in Vilven v. Air Canada, the prolonged legal battle of two Air Canada pilots who challenged the company’s mandatory retirement policy for pilots who reach the age of 60. In that decision, the judge sent the matter […]