Tag: Employment law

Drum Roll, Please

To prepare us for next week’s season premiere of The Office, NBC concludes the summer rerun schedule with a replay of last season’s finale. The intrigue and chicanery surrounding the search committee’s efforts have been well documented in prior posts dating back to the spring. And, my fellow bloggers and I have thoroughly vetted both […]

NLRB’s New Required Poster Available

The National Labor Relations Board (NLRB) has released the newly mandated poster it says is necessary to inform employees of their rights under the National Labor Relations Act (NLRA). The Board issued the final rule requiring most private-sector employers to display the poster on August 25, and it must be in place by November 14. […]

Timing of the Essence: Firing for Misusing 20 Minutes of Leave Was Unfair, Appeals Court Says

An employer’s desire to quickly fire an employee can drag it into violating labor laws. Recently, the firing of an employee for misusing 20 minutes of family medical leave led to conclusions that the firing was retaliation for union activity. The U.S. Court of Appeals for the District of Columbia decided to uphold an NLRB […]

NYPD’s Blue: 4,000 Police Sergeants Are Owed Back Pay to 2001

Four thousand New York City Police Department (NYPD) sergeants are not exempt executives under the Fair Labor Standards Act (FLSA) because their primary duty is law enforcement, not management, a federal court has found. As a result, the court found the city liable to the sergeants for back overtime pay going back to 2001. The […]

Adding Insult to Injury: Canada’s ‘Vexatious’ Harassment Laws

By Julia Kennedy and Sean McGurran Bullying isn’t just a problem on the playground anymore. Eventually the bullies grow up and get jobs. Now Canadian employers are seeing more laws dealing with harassment in the workplace. As an example in June 2010, Ontario’s Violence and Harassment in the Workplace law came into effect. It requires […]

Awesome!

With just two weeks to go until the new season begins, I wanted to make sure we give proper attention to another potential candidate for Michael’s position (once Robert California vacates it and proceeds to rule the Company and then the world) — Kelly Kapoor. She has gone through a number of transformations since slapping Michael […]

Social Media: NLRB Says Employees’ Job Complaints on Facebook Are Protected

An employer violated the National Labor Relations Act (NLRA) by firing five employees who complained on Facebook — off-hours — about their jobs, an administrative law judge for the National Labor Relations Board (NLRB) held. So the employer must do penance by rehiring them and making them whole for any loss of earnings and other […]

Employees, Public Criticism, and the Media

by Jean-François Cloutier Your employee makes critical comments to the press about your company. Is he a legitimate whistleblower or has he violated his duty of loyalty to his employer? In Chopra et al. v. Treasury Board (Department of Health), an adjudicator at the Public Service Labour Relations Board recently considered just that. He considered […]

At Work, Play Nice

In last season’s finale there was the following brief, fiery exchange between Kelly and Gabe. She was interviewing for branch manager, and he was doing a poor job of pretending to take her seriously. Gabe: “What are your weaknesses?” Kelly: “I don’t have any, asshole!” This raises the question: Is civility in the workplace important? […]

Employer That Retaliates Digs Its Own Grave

by Boyd A. Byers The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law. Mastering HR Report: Discrimination Courts receptive to retaliation Most employment […]