Tag: Employment law

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 […]

The Wedding, Part II

Well, it’s a little difficult to write about the perils of working in Scranton with Michael Scott as your boss when the entire office is attending a wedding, but here goes. After watching last night’s repeat episode of Jim’s and Pam’s wedding, I can’t say that getting married to a coworker is always a bad […]

Criminalization of Employment Law: A New Risk for Managers?

by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]

Is Requiring Single Parent to Work Night Shift Family Status Discrimination?

by Ralph Nero and Ida Martin Can an employer require a single parent to start occasionally working the night shift? A recent board of arbitration decision out of Alberta answered — yes. This Alberta decision is the latest in our coverage of decisions wrestling with the workplace application of discrimination on the basis of family […]

The Scranton Vampire Chronicles

Litigation Value: Settling various claims related to Dwight’s bat hunting = $30,000; replacing shredded textbook = $100; convincing your coworker you’re a vampire = priceless. Given that a colleague of mine has already thoroughly covered the employment law issues in last night’s repeat, let’s rewind to one of my favorite episodes from Season 3 — […]

Employers Facing Increased Scrutiny over Worker Classification

by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]

Zappos’ Jamie Naughton’s Advice on Hiring, Retention

Q&A with Jamie Naughton, Cruise Ship Captain at Zappos.com Q: What’s the secret to getting on Fortune‘s “100 Best Companies to Work for in America” list? A: I don’t know if there’s a secret but I do know what they look for. Two thirds of the score is based solely off of what your employees […]

Monitoring Employees’ E-messages — Impact of Recent U.S. Ruling for Canada

By Derek Knoechel and Lorene Novakowski On June 17, 2010, the U.S. Supreme Court issued its much anticipated decision in City of Ontario v. Quon. This was its first decision regarding the monitoring of electronic communications in the workplace by employers. What impact, if any, will the Quon decision have on Canadian law regarding employer […]