Tag: Employment law

Despite Election, Global Financial Crisis, Everything Stable for Employers in Canada

by Brian Smeenk Employers with operations in Canada may well ask: “What’s going on up there? What will Canada’s federal election mean for business? How is the world financial crisis playing out there?” It would appear that the most accurate answer to these questions, at this time at least, would be a typically understated Canadian […]

Correctly Classifying IT Employees As Exempt or Non-exempt

by Kara Shea I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours […]

How Do I Deal with a Disabled Worker’s Attendance Problems?

Q: We’ve been going through the interactive process with one of our employees (we’ll call him Mike). As a result, we’ve been accommodating him with unpaid leaves for the last year. It’s been tough, and Mike’s supervisors have told me more than once that they need to terminate him and move on. According to them, […]

Baby in the Office: A Slippery Situation

Litigation Value: Currently, $0 My stomach still hurts from laughing. This week on The Office, Michael Scott prepared for the birth of his make-believe baby by having Dwight Schrute, pant-less and on Michael’s desk, give birth to a buttered-up watermelon, all the while screaming about secretly marking the baby so no one could steal it.  […]

Ontario Court Allows Salespersons to Ignore Noncompetes

by Brian Smeenk In an important recent decision, Ontario’s Court of Appeal has reconfirmed that noncompetition clauses will be enforced against departing employees only in exceptional circumstances. It allowed two insurance salespersons to take many of their clients to a competing insurance broker despite their contractual agreement to the contrary. What happened? Tim Allan and […]

Nepotism and Its Dangers in the Workplace

Workers who are the most innovative or productive or those who possess visionary leadership are inevitably propelled to the top. That’s the image many of us have of the workplace. In reality, the practice of favoring and promoting relatives or paramours, more commonly known as nepotism, is widely practiced in companies large and small across […]

Where’s the Beef?

Litigation Value: Surprisingly, maybe $0 Maybe this is just a reflection on me and my days as an HR Director, but I didn’t see much that would really nail Dunder Mifflin this week. Sure, Meredith has been having an affair with a vendor to get discounts for the company. But it didn’t come out that […]

Retirees Win Right to Sue for Fund Mismanagement

In a major ruling, the First U.S. Circuit Court of Appeals held that employees who retire and receive lump-sum distributions from their company’s defined-contribution plan, such as a 401(k), have the right to sue the administrators of the plan if they don’t believe their moneys were managed wisely. As our population ages and our economy […]

Dealing with People You Can’t Stand

Employment law attorney Michael Maslanka reviews the business book Dealing with People You Can’t Stand: How to Bring Out the Best in People at Their Worst by Rick Brinkman and Rick Kirschner. Review covers four steps from the book for dealing with “yes” people. The road to hell is paved with good intentions. And there […]

Overtime Class Action Against KPMG Settled

by Karen Sargeant As we reported earlier this year, 2007 saw three overtime class action lawsuits in Canada — a $651 million class-action lawsuit filed against the Canadian Imperial Bank of Commerce (CIBC), followed quickly by a $20 million class action against KPMG and then a $350 million class action against a second major Canadian […]