Tag: Employment law

DOL Getting Strict on Child Farm Labor: Proposed Rules Due Sept. 2

Agricultural employers on the lookout for Fair Labor Standards Act’s child labor regulations for their industry can look no more — a new notice of proposed rulemaking (NPRM) that would revise those rules will finally be published in the Federal Register tomorrow. Agricultural employers have been awaiting these rules since final child labor rules for […]

Definition of ‘Employer’ Narrowed in Human Rights Context

By Kyla Stott-Jess Your employee is required to pass a drug test before being assigned to another company’s worksite. The employee fails the other company’s drug test and is denied the work. The employee can clearly file a human rights complaint against you as his or her employer. But can he or she go after […]

Vermont Drops Immediate Demand for Liberty Mutual Data

A quick update on the case involving the state of Vermont’s demand for claims data from Liberty Mutual’s group health plan — the state agreed to drop its immediate demand for this information, pending the ultimate outcome of the lawsuit. The state’s health and insurance agency had issued a subpoena for this data, and Liberty […]

Michael May Be Gone — But His Emails Go On!

Counting down the weeks until the new season of The Office starts. Tonight’s rerun episode — “Dwight K. Schrute, (Acting) Manager” — was first covered by my Office (and office) mate Jaclyn West; check it out, it’s a great read (http://blogs.hrhero.com/thatswhatshesaid/2011/05/14/straight-shooter/). Poking around The Office website on nbc.com, I came across a web exclusive: a […]

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]

Uncle Michael Wants YOU — To Be the New Boss

Another Thursday in August, another Office rerun. Rather than revisit “The Inner Circle” — ably covered by my Colorado colleague Matt Rita on May 6 — I thought I’d visit The Office website for some ideas. I came across a multiple-choice quiz designed to determine whether you have what it takes to be the boss […]

Make the Workplace a Drama-Free Zone

By Marie G. McIntyre, Ph.D. Do you have a drama queen (or king) in your office? For these employees, a calm, peaceful workday is simply not very rewarding, so they try to spice things up with dramatic pronouncements, juicy gossip, ominous rumors, personal traumas, or emotional breakdowns. Why drama queens act that way Some dramatic […]

Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]

Ex Gratia Payments in Pension Plan Allowed

By Lyne Duhaime On June 21, 2011, in Canadian Jewish Congress v. Polger, the Court of Appeal of Quebec overturned a decision of the Superior Court that had ordered an employer to pay millions of dollars in pension benefits based only on an alleged practice and without proper written documentation to that effect. The pension […]