Tag: Employment law

Custodian Cleans Up After Employer’s Improper Consideration of FMLA Leave

Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Ontario Adds to Broad Canadian Harassment/Violence Laws

By Alix Herber Canada’s two largest provinces — Ontario and Quebec — now have laws requiring employers to seek to provide workplaces free of “harassment.” No longer limited to human rights-related harassment, the term is broadly defined in these laws. Further, Ontario’s new law extends beyond harassment. It, like the federal law, also will require […]

What to Do When Government Officials Unexpectedly Show Up

by James P. Gillece, Jr. As an employer, you may have already experienced the discomfort of having the “Men in Black” — i.e., agents or investigators from a government agency — appear on your doorstep. With increased enforcement efforts by various federal and state agencies, the likelihood that you’ll be visited by regulators isn’t an […]

Pending Federal Legislation Would Create New Leave Mandates for Employers

The Supporting Military Families Act of 2009 was introduced in both houses of Congress in late July 2009. A mere three months later — on October 28 — it was signed into law as part of the defense funding bill for 2010. The legislation expands the circumstances in which employees may take both qualifying exigency […]

Old Wine in New Skins

Happy new year, faithful readers! Those of you who surfed away from the BCS national championship college football game — apparently sponsored by some company other than Dunder Mifflin — may have noticed that the most recent episode of The Office was another repeat. An erudite colleague and fellow blogger has already posted on that […]

Checklist for Drafting Executives’ Contracts

by Peter M. Panken Drafting executive employment contracts requires attention to myriad details. The higher up the executive, the more likely there will be detailed negotiation of the terms. And when negotiating with an incoming CEO, CIO, or CFO, an HR executive is faced with tough negotiations with a future boss. Keep up with the […]

Obtaining a Work Permit in Canada: The Labour Market Opinion Process

By Ingrid Anton and Isabelle Dongier As we mentioned in a November article, most foreign workers require a work permit to legally work in Canada. And to get a work permit for a foreign worker, the prospective Canadian employer must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and Skills […]

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Tips for Minimizing Risk When Cutting Labor Costs

by Mark Wiletsky Although we’re beginning to see signs of an economic recovery, many organizations are still grappling with how to stay competitive in this challenging environment. Layoffs, furloughs, and other methods used to cut personnel costs are often part of the equation. But the savings gained by those cost-cutting measures can be lost if […]