Tag: Employment law

Is Obesity a Disability? Fat Chance!

by Gary Jiles Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law? Americans with Disablities (ADA) Compliance Manual A: The employee must be qualified to do his job or he faces termination. With a few exceptions, the latest […]

Eject Him! Attorneys Say JetBlue Shouldn’t Let Employee’s Tirade Slide

By now, most people have probably heard about Steven Slater, the JetBlue flight attendant who became America’s newest so-called “folk hero” after he told off a difficult passenger, grabbed a beer, and exited a plane via the inflatable emergency chute. We decided to ask several employment law attorneys — all members of the Employers Counsel […]

Work Permits: Employee Transfers for Canadian Start-Ups

by Isabelle Dongier In our March 22, 2010 article, we explained the simplified and expedited processes for obtaining a temporary work permit for foreign employees transferred from outside Canada to a Canadian parent, subsidiary, branch or affiliate company. These intracompany transfers provide a significant benefit for companies — they exempt them from demonstrating their reasonable […]

Snowball Effect of Wage and Hour Class Action Lawsuits

The Fair Labor Standards Act (FLSA), the federal law that governs wages and overtime pay, has been the topic of numerous articles in state Employment Law Letters.  We’ve reported on the rise of wage and hour lawsuits filed state courts and we highlighted what federal courts consider “acceptable terms” for an FLSA settlement agreement What […]

Road Trip Redux

Litigation Value: Nothing this week, at least not from an employment law perspective. But beware next year’s version of Recyclops. At the rate Dwight Schrute is going, he’s going to wreak some real havoc. This week’s repeat episode has Michael Scott and His Merry Men (Andy, Dwight and Oscar) off to New York — in […]

Background Check Program Upheld as Reasonable Exercise of Management Rights

By Hadiya Roderique In Canada, pre-employment background checks are generally permissible. With some exceptions in some provinces, these checks can include information about a candidate’s employment history, education, credit, fingerprints, and criminal record. Though Canadian employers can generally conduct such checks on potential or current employees if they have their consent, the legitimacy and permissibility […]

Job Posting

Alas, repeats. My able colleague, Jaclyn West, wrote about this week’s episode — The Chump — in her excellent post of May 14. But fear not. There is big news this week that demands its own post. NBC has confirmed that Steve Carell will leave The Office when his contract expires in 2011. Michael Scott’s seven-year reign as Scranton […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

At Age 20, ADA Still Hasn’t Fully Matured

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]

Preaching on the Job Results in Termination for Cause

By Dominique Launay Dealing with an employee’s religious beliefs is a delicate matter, not only for employers but also for tribunals. The case Friesen v. Fisher Bay Seafood and others, 2009 BCHRT 1 demonstrates the importance of employers fulfilling their duty to accommodate to the point of undue hardship. In this case, an employee was […]