Tag: Employment law

Independent Contractors Considered Workers for Health and Safety Purposes

By Rosalind Cooper For years employers across Canada have struggled with the difference between independent contractors and employees. Individuals believed to be independent contractors are often classified as employees after their relationship ends, leading to liability for employment-related severance and other amounts. The courts, human rights tribunals, and other administrative tribunals are constantly grappling with […]

Threat Level Midnight, a/k/a There’s An Hour of My Life I’ll Never Get Back

It was another nonproductive workday at The Office. After 10 years, Michael’s little known, self-written, self-produced, self-directed, and self-starred-in movie, Threat Level Midnight, finally debuted in Scranton. Despite a private staff-only viewing a few years back in which the movie was mistakenly taken for a comedy (it’s really Michael’s rip-off of James Bond and Austin Powers […]

EEOC Vows Renewed Vigilance Against Age Discrimination

The big news last fall from the Equal Employment Opportunity Commission (EEOC) was that  for the first year in history, retaliation claims had surpassed race discrimination claims as the most filed complaint in 2010. But the sleeper issue employers could be grappling with very soon is a significant increase in age discrimination claims. Recently the […]

Employee Stock Options: Get Them Right

By Christopher Ferguson and Stephen Acker In 2010, Jen-Hsun Huang’s salary was $1. No, he’s not a fresh-faced intern. Rather, Huang is the CEO of Nvidia Inc., the graphics and mobile chipmaker with Intel-sized ambitions. In that context, $1 seems like a meager reward. You would imagine that out of the firm’s $844 million in […]

Let’s Get It On…

Litigation Value: none now, but plenty in the making. Studio 54 was a nightclub in New York City with infamously loose rules related to sexual expression. Rumor has it that back-room rendezvous were the norm. Sabre/Dunder Mifflin’s Scranton office may be trying to give the club a run for its money. Dwight Schrute reminded us that […]

Canadian Employers Need to be Careful with Nonsolicitation Clauses

By Clayton Jones and Derek Knoechel The common wisdom is that Canadian courts are much more willing to enforce nonsolicitation clauses in employment contracts than noncompetition clauses. While this may often be the case, nonsolicitation clauses will still be closely scrutinized by the courts. Two recent cases from British Columbia emphasize the danger for employers […]

Sticky Quips

Litigation value: $8.99 + tip for Michael’s “free” lunch, although Michael’s tort action for false imprisonment against Mr. Chu and the Chinese restaurant will more than cover it. From an employment liability perspective, it is probably a good thing for Dunder Mifflin/Sabre that Michael’s character is leaving the show soon. One suspects that his soon-to-be-rekindled relationship with […]

Danger: Look What DOL Is Sharing with Your Company’s Friends — and Foes

By Wendi Watts You probably know what your profiles on Facebook and LinkedIn look like. But do you know what your organization’s profile on the U.S. Department of Labor’s (DOL) new online database looks like? Attorney David Fortney recommends every employer check theirs out. On the database’s home page, the DOL states that the site […]

Accommodation Doesn’t Prevent Corporate Reorganization

By Jennifer Shepherd and Gulu Punia It’s a common question. A Canadian employer is restructuring and an absent employee is affected. Can the employer fire the employee if he or she is on disability or other leave? A recent Federal Court of Canada decision, Tutty v. MTS Allstream Inc., has confirmed that the answer is […]

It’s All Greek to Me

Litigation Value: No immediate employment law liability. Under the applicable statute of limitations in Pennsylvania, however, Andy’s seminar invitees would have up to two years in which to claim personal (digestive) injury caused by Kevin’s “off the rails” motivational display. The Scranton Business Park was a busy place last night, with a number of visitors spending time […]