Tag: Employment law

Beware Misclassifying Workers as Exempt Administrative Employees

As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]

The Taming of the Schrute

Litigation Value: $50,000 The last time we wrote about the Crime Aid episode of The Office, we advised that Dunder Mifflin might not be on the hook for any potential judgments for anything that happened in this episode. But on further review, I’m not so sure that was right. It’s entirely possible that a jury […]

Minimizing Your Reorganization Cost in Canada

by Sara Parchello Many employers are trying to reorganize operations in order to survive this economic downturn. As Canadian employers know, a substantial change in an employee’s job functions can lead an employee to make a claim for constructive dismissal. This can result in significant liabilities when you can least afford it. How far can […]

Are Your Policies Compliant with New FMLA Regulations?

by Mike Maslanka The Family and Medical Leave Act (FMLA) has been revised, and the regulations went into effect in January 2009. Time for a checkup of your company’s policies. Employers need to ask themselves the following questions: HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including hiring 1. Have […]

Top Employment Issues for States in 2009: Part 2 – FMLA, Discrimination, Minimum Wage, Safety

Last week, we discussed four employment law issues state legislatures will be grappling with in 2009 — layoff notification laws, immigration, the Americans with Disabilities Act (ADA) and it’s state equivalents, and unemployment benefits. This week, we’ll discuss four more – family and medical leave, workplace discrimination, minimum wage, and occupational safety. As with last […]

Reductions In Farce

Employment law attorney Troy Foster examines “The Baby Shower”  episode of The Office and determines that while Dunder Mifflin might not be liable for sex discrimination, it probably needs to take  a look at the Scranton crew’s work habits. Litigation Value: Still currently $0. When we wrote about The Baby Shower episode of The Office […]

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. […]