Tag: Employment law

Employee Fraud: Warning Signs, Deterring and Responding to It

These days it seems like you can’t pick up a newspaper or log on to the Internet without reading another story about multimillion-dollar fraud. Just when we thought we’d heard the last of Enron, Tyco, and WorldCom, along comes Bernie Madoff. But fraud isn’t a problem only for Fortune 100 companies and millionaire investors. It […]

Growing Up Grotti

Litigation Value: Oscar’s damages–climbing; diversity and harassment training from a trained professional–$2,000; backing off the mafia–priceless. It’s a new episode of The Office that has Michael, Dwight, and Andy convinced that an insurance salesman is part of the mafia based on “his southern Italian heritage.”  While it was entertaining for viewers to watch the trio (and Pat the Mechanic) […]

Keays vs. Honda One Year Later: Have Canadian Courts Changed Their Approach to Punitive and Bad Faith Damages?

It has been just over a year since the Supreme Court of Canada (SCC) issued its decision in Keays v. Honda Canada Inc. (Read our analysis of the court’s decision in that case). That decision mandated a change in Canadian courts’ approach to awarding damages in employment cases. Damages for bad faith conduct by the […]

OSHA Fines MillerCoors for Employee Electrocution

by Jim Goh Behind efforts to assist organized labor and improve the balance between work and family, increasing workplace safety is a top priority for President Barack Obama and the 111th Congress. Both the President and congressional leaders have vowed more funding for the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) […]

DOL to Abolish Employment Standards Administration

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units. […]

Getting a Little (Maid of the) Misty

Litigation Value: $0 for Dunder-Mifflin (consider the bullets dodged for now), but I’d love to be the plaintiffs’ lawyer representing those poor souls who got ice from the machine in which Kevin stuck his formerly Kleenex-boxed feet I don’t normally cry at weddings, but I could see making an exception for the long-anticipated nuptials of […]

Extreme Benefits Makeover: Employee Time Off for Cosmetic Surgery

Should employees receive benefits coverage for time off due to cosmetic surgery? At least two Canadian labor arbitrators think so. In the most recent decision on point, North Bay General Hospital v. Ontario Nurses’ Assn. [2009] OLAA No. 47, 181 LAC (4th) 179 (Stephens), an employee was awarded sick pay coverage for time off while […]

Addressing Employees’ Religious Beliefs and Practices in the Workplace

by Brian R. Garrison Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a […]

Breastfeeding Employee Entitled to Equal, Not Preferential, Treatment

The U.S. Fifth Circuit Court of Appeals in New Orleans recently addressed a case in which the employee alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The dispute arose when the employee claimed she was given insufficient break time to express breast milk following the […]

Document Employee Behavior Today to Avoid Lawsuits Tomorrow

by Eric B. Topel Charles “Slip” Shod has been employed by your company for more than two years, during which time you have received repeated complaints from vendors about his performance. In your capacity as a member of human resources, you begin reviewing the other matters on which Slip has been working and determine that […]