Tag: Employment law

Canadian Court Broadly Defines ‘Constructor’ in Safety Case

By Rosalind Cooper Which party on a construction project is the “constructor”? While some provinces in Canada use this term, other provinces use slightly different terms, such as prime contractor. All are meant to refer to the party at the workplace that has overall responsibility for health and safety on the construction project. It’s generally […]

Stack of Resumes

Former Employee Keeps Reapplying Despite Rejection Letters

by Reggie Gay Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps […]

Boldest Applicant is the Best Applicant . . . Sometimes

I find it hard to believe that my fellow bloggers have overlooked the most obvious choice for Michael Scott’s replacement: Fred Henry, played by Will Arnett. After all, who else during their interview promised to deliver a plan that would double the branch’s profits? Undoubtedly, Mr. Henry’s strategy was the boldest and most innovative of […]

Company Owner’s Sexting Costs Him and His Business

By Hadiya Roderique Modern technology provides many new avenues for human rights violations. As recently learned by the owner of British Columbia-based Metro Aluminum Products, sending sexually-related text messages or photos electronically by mobile phones, also known as sexting, can get you into trouble. Sexting is getting widespread attention in the media. It’s no longer […]

UCLA Hospital to Pay $865,500 in Latest HIPAA Privacy Settlement

In the latest big-ticket enforcement action for alleged HIPAA privacy and security violations, the University of California at Los Angeles Health System (UCLAHS) has agreed to pay the U.S. Department of Health and Human Services (HHS) $865,500 to settle allegations the hospital violated HIPAA’s privacy and security rules. The settlement, announced July 7, resolves two […]

Service Dog

Endangered (Service) Animal Species

by Karen McAndrew As of March 15, 2011, boa constrictors, ferrets, wildebeests, and rabbits are no longer considered “service animals” under the Americans with Disabilities Act (ADA), so assuming the Attorney General’s Office of your state concurs, you will not have to let those animals dine in your restaurant or hang out in a cubicle […]

He Creeps Me Out, But He Might Be a Genius

Litigation Value: likely to skyrocket with Robert California’s new sex-fueled approach to paper sales. The word around The Office is that James Spader will be returning next season as Robert California, a character Paul Lieberstein (a.k.a. Toby) has described as “this uber-salesman that has a power to convince and manipulate like a high-class weirdo Jedi […]

Give My Regards to Andy

As you know, dear readers, this summer Ford & Harrison has taken on the gargantuan task of helping Sabre sift through the many eager and hopeful candidates for Michael Scott’s replacement. We’ve already discussed Dwight Schrute and Darryl Philbin, from among the internal applicants, and outside candidate Robert California. But there’s one more internal candidate, […]

Independent Contractor vs. Employee

by Gary S. Fealk Businesses often find it advantageous to hire independent contractors to perform a variety of duties in place of employees. Using independent contractors can reduce expenses for payroll taxes and benefits, avoid the impact of laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and […]