Tag: Employment law

Who Is Exempt under the FLSA?

by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]

Canadian Corporate Directors’ Liability for Unpaid Wages in a Unionized Environment

By Kevin O’Neill Employment standards acts (ESAs) across Canada impose certain personal liabilities on directors or officers regarding unpaid wages of a company. The potential amounts and the circumstances in which such personal liability may arise vary from one jurisdiction to another. In British Columbia (BC), the ESA imposes liability on directors or officers for […]

Saying Goodbye

It’s “déjà vu all over again” for this blogger, who already saw and wrote about tonight’s episode of The Office — both when it was being filmed and as it later aired. What then to post? Well, for good or ill, recent events in the broadcasting world have shed light on an important and recurring […]

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]

Coming Soon: New Regime for Canadian Temporary Work Permits

By Isabelle Dongier Foreign workers can be an important source of labor for Canadian employers, permitting them to fill shortages in a variety of professions and industries. In an attempt to better protect vulnerable foreign workers from what the government has called unscrupulous employers and agents, the Canadian government will introduce a new regime for […]

Employee Performance Evaluation: Holly Flax

Last night, my television was playing a marathon of “Office” repeats, leaving us without new catastrophes to dissect. So in an attempt to find something to share with you folks, I contacted my mole in Sabre’s corporate human resources department to see what’s new down in Tallahassee. As it turns out, I have a special treat for […]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]

A Shaved Head and Microwave Food Policy — Human Rights Violations?

By Sara Parchello It’s amazing the issues that pop up in front of human rights tribunals across Canada. Recently, the Manitoba Human Rights Commission was asked whether it is discriminatory to fire an employee for shaving her head. On an equally interesting level, the Ontario Human Rights Tribunal was asked whether it is discriminatory to […]

The Pack(er) is Back!

Litigation Value: At the end of the day, shockingly little, given that it was a Packer-based episode. So who has two thumbs and thinks Sabre/Dunder-Mifflin dodged a bullet after Todd Packer returned to The Office?  This guy! Tonight’s episode finds Michael’s BFF Packer looking to come in from the road and reclaim “his” desk (which […]

Risk of Disclosure of Information on Stolen Laptop Could Support Employees’ Claims

Let’s say you’re an employer that maintains unencrypted employee information on a laptop computer and the computer gets stolen. Could you be liable for the possible harm that could come to employees if their personal information were disclosed? In a recent decision, the Ninth U.S. Circuit Court of Appeals held that affected employees might have […]