Tag: Employment law

Four States Approve Measures Ensuring Secret Union Ballots

In Tuesday’s election, four states — Arizona, South Carolina, South Dakota, and Utah — approved ballot measures that would guarantee employees the right to secret-ballot voting in union elections. We decided to ask employment law attorneys in each of the four states — all members of the Employers Counsel Network — about the outcome of […]

Accommodation of Family Status on Same Footing as Other Human Rights

by Ralph Nero and Ida Martin Do parents of young children have the right to refuse a geographic transfer? In the case of three employees at the Canadian National Railway (CNR), the Canadian Human Rights Tribunal (CHRT) has recently answered “yes.” Last month, the CHRT released three decisions dealing with three CNR employees, Cindy Richards, […]

Lady GaGa’s Door is Open

Litigation Value: More fodder for Darryl’s racial harassment claim and $1,000 to re-write Sabre’s Open Door Policy. Where to begin, where to begin? I knew as soon as I saw the Hallowe’en costumes that we were in for quite an evening. And I must say, I agree with Kelly — can’t Michael just let the employees […]

Debunking Common FMLA Myths

by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]

Overtime Class-Action News

By Donna Gallant The much-awaited appeal decision in Fresco v. CIBC was released in September. The appeal court declined to interfere with the original decision of Justice Lax. She had denied Dara Fresco’s bid to bring a class action against CIBC for unpaid overtime. This is one of three high-profile cases we have been following, […]

Accommodating disabled workers–undue hardship in hard times?

by Chuck Harrison When a warehouse worker was injured in a car accident in 2008, his employer did the right thing: Maersk Distribution accommodated his graduated return to work and provided him with light duties. Maersk stepped up again when the employee’s shoulder injury was further aggravated. But when the economy took a turn for […]

Corporate Espionage for Dummies

Prison Sentences for Michael, Dwight, and Jim: Up to seven years for interception of oral communications plus up to seven years for attempted theft of trade secrets. There may also be criminal conspiracy prosecutions against Meredith, Oscar, and Ryan. Litigation Value: Danny Cordray’s action for invasion of privacy and intentional infliction of emotional distress against Dunder Mifflin […]

Practical Steps for Addressing Theft in the Workplace

by Robert A. Berry Business is tough. It’s even harder in today’s climate — and that’s assuming all of your employees are working for the good of the business. Unfortunately, that’s not always the case. It may be a valued and trusted employee with many years of dedicated service, or it may be someone new […]

End of the Canada-wide Information Technology Program

By Susan Bradley and Gilda Villaran In November 2009, we started a discussion on the fundamentals of Canadian work permits. Until now, Canadian employers didn’t have to obtain a Labour Market Opinion (LMO) from Services Canada for certain information technology (IT) professionals. Employers didn’t have to prove that they had advertised the position, that they […]

A Picture is Worth a Thousand Gags

Kidnapping day laborers = possible jail time for Dwight; giving Oscar another paid vacation and use of a company car= $15,000; settling claims related to Andy’s sex-ed course = more than just some free pizza; watching Michael try to convince an elderly stranger that they were once lovers = priceless. Between Michael tracking down his former girlfriends […]