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by Mark I. Schickman You may have heard that California is going broke. As we look for more ways to generate revenue, one idea keeps cropping up: Move marijuana out of the underground economy and develop a new tax-generating agricultural product. Medical marijuana clubs have sprouted all over the state, and the November general election […]
Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]
By Bruce Grist and Derek Knoechel The transfer of employees from foreign-based companies to Canadian-based affiliates is an increasingly common feature of the Canadian labor market. Many employers are familiar with the often complicated process of obtaining the necessary work permits for such employees at the beginning of the transfer. However, ending the relationship between […]
Forgive me for repeating myself, but The Office was a repeat last night. Thankfully it was the last repeat before next week’s season premier, Thursday, Sept. 23 on NBC. Moving on. This was the episode where Jo sought to uncover who blew the whistle on Sabre’s faulty explosive printers. There really didn’t seem to be […]
by Susan Fahey Desmond Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP). Also, beginning January 12, 2014, any employer who employed an average of 50 […]
By Tamara S. Killion Groom Law Group, Chartered On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act into law. Among other things, the Act dramatically changes health insurance coverage, including employer-provided health insurance and employer-sponsored group health plans (together, “group health plans”). The law is complex and has many […]
By Gulu Punia and Kyla Stott-Jess When an employee is absent because of long-term disability, employers naturally wonder how long they must wait before the employment contract has been “frustrated.” If it has, the employment contract can be terminated. According to the recent Ontario decision of Naccarato v. Costco Wholesale Canada Ltd., however, the question […]
by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]
What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations. But for many employment law […]
By Donna Gallant Michael McCracken’s claim against Canadian National Railway (CN) recently got the go-ahead to proceed as a class action. The third in a trilogy of high profile overtime cases in Canada, McCracken v. Canadian National Railway Company brings the score to 2 to 1 for certification of the class action — at least […]