Tag: Employment law

The Michael Scott School of Business

Litigation Value: An education on management from the master (of disaster) … priceless. The Office didn’t air in my little corner of the world last night, and I’m currently battling symptoms of withdrawal. So I decided to take a little walk down memory lane and relive some of my favorite lessons from Season 6. Remember, back […]

Keeping Your Company Afloat after Flood, Oil Spill, Hurricane, or Terrorism

This year’s “perfect storm” of events — from terrorism in Times Square to the dreaded 1,000-year flood in Tennessee to the devastating oil spill off the Gulf Coast — should again remind employers of the need to establish a crisis management and business continuity plan (CMBCP). The time for corporate complacency is long gone. Workplace […]

Managing LTD Claims: Less Pain, More Gain

By Suzanne Porteous and Wendy Wang The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What […]

Ch-ch-ch-ch-changes

Litigation Value: $0. Now that we’re into the summer season of recycled shows, we’ll assume that all stale claims are time-barred. Plus ça change, plus c’est la même chose. Or so we thought. With a doubleheader of The Office repeats on last night’s schedule, this blogger was getting ready to post a rehash of two […]

EEOC: ‘Interact Before You Act’ on Disability Accommodation

The 2008 ADA Amendments Act (ADAAA), which went into effect on January 1, 2009, greatly expanded the number of medical conditions that likely will be recognized as disabilities under the law. More disabilities mean more accommodation requests and more opportunities for employers to be second-guessed by the government and the courts on how they respond […]

Canadian Court Not Prepared to Act as Workplace Referee

By Sara Parchello Does an employer have a broad obligation to protect employees from mental distress that may be caused in the workplace? Ontario’s Court of Appeal recently answered this question in Piresferreira v. Ayotte and Bell Mobility Inc. with a resounding “no.” The decision reverses, in part, an award made back in 2008 – […]

Office Scuttlebutt Redux

Additional Litigation Value:  $150,000 ($50,000 each for Stanley and Andy; $25,000 each for Kelly and Erin) Tonight’s episode – Gossip – is a repeat from last season.  My law partner, Matt Rita, thoroughly covered Michael Scott’s shenanigans in the first run, astutely pointing out how Michael’s self-generated rumor mill could give rise to an invasion […]

New OSHA ‘Sheriff’ Packs Heat, But It May Backfire

By Jim Stanley, president, FDRsafety When Labor Secretary Hilda Solis warned business last year that there was ”a new sheriff in town,” she wasn’t kidding — the Occupational Safety and Health Administration (OSHA) is packing big new six-guns. The only problem is that it may be shooting itself in the foot. OSHA has been announcing […]

Beware the Perils of Firing Employee-Shareholders

By Stephen Acker and Julia Kennedy As we have repeatedly reported, courts are finding new ways to put money in former employees’ pockets in Canada. Another example is the Ontario Court of Appeal’s recent decision in Link v. Venture Steel Inc. and Ruben Rivas, where it agreed with the trial judge’s decision awarding a former […]

Why Wait for the EEOC? Expert Clarifies ADAAA Requirements

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon. To understand the reasons for the delay and how it may affect employers, we spoke with […]