Tag: Employment law

Termination Pay Considerations for Commissioned Employees in Canada

by Katie Clayton and Jennifer Shepherd Figuring out an employee’s entitlements upon termination can be tricky in Canada. It can be an even trickier exercise for commissioned employees. For example, are employers required to pay employees commissions for deals that close after they are terminated? Unless the employment contract explicitly states otherwise, the answer is […]

The Facebook Generation: Social Networking and the Hiring Process

Imagine that you’re a hiring representative for your employer (in this case, a Burger King restaurant), and you’ve just discovered how to use MySpace. You decide to check the profiles of the employees who work the midnight shift. While perusing one employee’s profile, you notice a link to a video. As you click on it, […]

Employers See Dramatic Rise in Pregnancy Discrimination Claims

The Pregnancy Discrimination Act (PDA) is back in the news as the U.S. Supreme Court considers whether AT&T violated the Act by paying reduced pension benefits based on uncredited pregnancy leave taken before enactment of the PDA in 1978. That upcoming decision may influence whether companies have to change their policies retroactively to comply with […]

Top Employment Issues for States in 2009: Part 1 – WARN Acts, Immigration, ADA, and Unemployment Insurance

The nation’s economy and its impact on state budgets will be the overriding factor state legislatures address in 2009. Many states have already attacked their budget shortfalls by delaying projects, implementing hiring freezes, eliminating positions, and cutting programs. With predictions of continued shortfalls in 2009, state budgets will be first on the agenda for lawmakers. […]

Invasion of the Privacy Snatchers

Employment law attorney Dominic Verstegen discusses Dunder Mifflin’s liability for its employees’ actions when Michael, Dwight, Kevin, and Oscar all cross the line and invade the privacy of their coworkers on the “Lecture Circuit, Part II” episode of The Office. Litigation Value: $45,000 On the “Lecture Circuit, Part II” episode of The Office, there were […]

Supreme Court of Canada: Vague Non-Compete Clause is Useless

by Derek Knoechel Morley Shafron sold his Vancouver-based insurance agency business in 1987 for $700,000 in cash and shares. He became a shareholder and director of the surviving company and agreed to provide management services. The agreement included a non-competition clause that would take effect if he left the company. The clause would prohibit him […]

Do Your Excess Hours and Overtime Averaging Permits Need to Be Renewed?

by Martin Denyes As Ontario employers reduce their workforces and potentially look to smaller numbers of remaining employees to take on increasing workloads, February is the time to review existing excess hours agreements and permits and overtime averaging agreements and permits. Legislation requiring permits and agreements for hours in excess of 48 in a week […]

What Obama’s Economic Stimulus Plan Means for Employers

Update from HR News: Read the latest news proposals to extend the COBRA subsidy Sandwiched in with all the infrastructure development and green energy provisions of President Barack Obama and the Democrat’s economic stimulus plan are several provisions that affect employee benefits, particularly health benefits. The stimulus bill is called the American Recovery and Reinvestment […]

Obama Signs Executive Orders Affecting Federal Contractors, Unions

by David S. Fortney At the end of his first full week in office, President Barack Obama took swift action to change employment and labor law. On January 28, he signed the Lilly Lebedetter Fair Pay Act, which relaxes the statute of limitation within which workers can file pay discrimination claims. On January 29, President […]

A New Twist on Discrimination in Hiring

Here’s the scenario: As the human resources director for your company, you’re asked to sit in on the selection process for your company’s next CEO. After an intense screening process, you have three candidates to be the next leader of your company — a white male in his early 70s, a male in his 40s […]