Tag: Employment law

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Notice Periods for Older Employees – 69-Year-Old Gets 24 Months

By Dominique Launay In Quebec, an employer may fire an employee with “reasonable notice” of termination or pay in lieu of notice unless there’s a contract dealing with termination or there’s “just cause” for dismissal (and save for specific statutory regimes). Like the rest of Canada, reasonable notice is determined on a case-by-case basis taking […]

Baby, Baby, Please

Litigation Value: Not much. With collective attentions devoted almost entirely to the miracle of childbirth, the Scranton branch didn’t leave us much to work with tonight. Whereas Dwight Schrute’s senseless destruction of Jim and Pam Halpert’s kitchen cabinetry exposes him to a cornucopia of civil and criminal liabilities in his own right, it’s unlikely that […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

Male-Male Sexual Harassment Claims on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]

Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

Employee Handbook Helper: Communicating Policy Changes

Employers should regularly revise and modify their employment policies and employee handbooks as the law changes and as their operational needs dictate. Once you make policy changes, however, should you communicate them to your employees? If so, how? This article provides tips on how to best communicate policy changes to employees. Audit your policies and […]

Clerk’s Discrimination Claim for Sexual Stereotyping Checks Hotel into Court

Brenna Lewis worked part-time as a front desk clerk for Heartland Inns in Altoona and Ankeny, Iowa. She did a great job — at least according to her direct supervisors. She was well liked by customers and fit in well in the position. Based on those accolades, she was offered and accepted a full-time day […]

How Canadian Arbitrators View Video Surveillance

By Derek Knoechel Canadian arbitrators have been dealing with the issue of how to deal with video surveillance of employees for over two decades. Early decisions dealt with off-site surveillance of employees suspected of faking or exaggerating illnesses. But countless battles have since been waged over the use of video surveillance cameras in and around […]