Tag: Employment law

‘Willful’ Violations under FMLA Clarified

by Alyssa Yatsko Under the Family and Medical Leave Act (FMLA), an employee has two years from the date of an FMLA violation to file a lawsuit against his employer. If the violation was “willful,” however, the employee has three years to file the lawsuit. Up until now, the Tenth U.S. Circuit Court of Appeals […]

From My Cold, Dead Hands

You might have heard that the Supreme Court recently threw out the District of Columbia’s decades-long ban on handguns. Of course, there are limitations. If you are mentally insane or a convicted felon, then you’re out of luck. So, many of our favorites on The Office probably still can’t pack heat into the Capitol — […]

Should Canadian Employers Give Employment References?

By Tina Giesbrecht and Lana Jackson McCarthy Tetrault Employers often ask whether they should give employment references to employees and former employees. This decision can be a difficult one with possible negative consequences for either course of action. Whatever decision is made, it’s important to consistently apply one policy regarding reference letters. Q. What are […]

Looking at the Basics of a 401(k) Plan

by Gary Jiles Q. How do I go about starting a 401(k) plan for my employees, and what are some of the general requirements? Keep up with the latest changes in laws regarding employee benefits with the Benefits and Compensation Law Alert. A. Choosing to offer a 401(k) retirement savings plan for your employees is […]

Phyllis vs. The Wolf

Litigation Value: $2,000 for intentional infliction of emotional distress (caused by seeing Al Roker dance a jig before the commercial break) Watching the cast of The Office take on a group of American Gladiators in Celebrity Family Feud was just too great an opportunity for me to pass up last night. I was happy to […]

Supreme Court Reverses Largest Wrongful Dismissal Punitive Damages Award in Canadian History

By Kate McNeill, Kelly McDermott, and Donovan Plomp McCarthy Tetrault On Friday, June 27, 2008, the Supreme Court of Canada (SCC) released its decision in Honda Canada Inc. v. Keays, reversing the largest award of punitive damages in a wrongful dismissal action in Canadian history. The decision is very favorable for employers. Background Kevin Keays […]

The Feud is On!

Though no repeat on NBC tonight, I have very good news to report! The cast of The Office will appear on a celebrity version of the Family Feud on NBC, Tuesday night at 8 p.m Eastern / 7 p.m. Central. Undoubtedly, with that cast (and others on that night – namely American Gladiators), there will […]

Employee Privacy Rights and Computer Data in Canada

by Barbara A. McIsaac, Helen Gray, and Daniel Pugen McCarthy Tetrault An employee’s expectation of privacy in the workplace is a big issue these days, especially with respect to the use of company computers. Employers are often faced with questions like these: Is an employee entitled to privacy over e-mail and other data created and […]

Overtime and Wage Lawsuits: Potential Liability for Most Employers

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]

Anchors Away

Another week without even a rerun, so to find something to write about, we turn to Steve Carrell’s movie catalogue. Anchorman proves to provide plenty of HR lessons — lessons that are strikingly similar to those we see with Michael Scott and gang in Scranton. LITIGATION VALUE: $1,000,000 (in pre-inflation, 1976 dollars). Obviously, there is […]