Tag: Employment law

Broad Drug Testing Policies Approved by Arbitrator

By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]

EEOC Guidance on Disciplining an Employee with a Disability

Have you ever tried to discipline an employee for workplace misconduct only to hear for the first time that his disability caused the misconduct? Did you then wonder how you should proceed? If that has ever happened to you, then the Equal Employment Opportunity Commission’s (EEOC) recent guidance, “The Americans with Disabilities Act [ADA]: Applying […]

OSHA Penalties for Personal Protective Equipment Violations Escalate

In these troubled economic times, the Occupational Safety and Health Administration (OSHA) has hit upon a sure-fire way to increase government revenue without any extra work or change in procedures. If it wasn’t so ominous for employers, we might be tempted to applaud the agency’s ingenuity and audacity. Required federal and state workplace posters, including […]

That’s Not the Ticket

Litigation Value: $25,000 – $50,000 Michael was unusually evil in the Golden Ticket episode of The Office. Juries don’t like evil managers, so Dunder Mifflin is probably looking at another judgment, this time in the range of $25,000 – $50,000. Michael’s outrageous conduct in getting Dwight to fall on his sword (not literally this time) for […]

Paying Foreign and Canadian Crews Comparable Wages Not Good Enough

By Thora Sigurdson, Nicola Sutton, and Derek Knoechel SELI Canada Inc. entered into a joint venture with SNC Lavalin and successfully bid on a contract to build a large rapid transit project in the Vancouver area. The so-called “Canada Line” has been a “hot button” project, causing heated debate about the cost to taxpayers, the […]

What Employers Need to Know When Employees Seek Loans, Withdrawals from Retirement Plans

(Updated Dec. 4, 2009) by Douglas R. Chamberlain When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are […]

Obama Administration’s Changes at DOL, EEOC, and NLRB

The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]

Misery Loves Company; Plaintiffs Love Dunder Mifflin

Litigation value: $ 100,000 On the Blood Drive episode of The Office, Michael took things to the next level, or at least got creative in finding new ways to do something actionable, by stopping work and throwing a Valentine’s Day mixer. Sure, in the past Michael has said crude things, turned a blind eye to […]

Can Employers Use Biometrics in Their Canadian Workplaces?

by Lisa Chamandy Employers in Canada are beginning to use biometric scans to replace traditional lock-and-key or card-swipe systems. Sensors record fingerprint-like information, and computers transform the data into a mathematical formula, usually comprised of 0s and 1s. The system then deletes the image, keeping only a template corresponding to 2 percent of the fingertip. […]

New FMLA Regs: Holidays, Joint Employers, Pregnancy and More

In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]