Tag: Employment law

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 […]

Employers Lessons from Quebec’s Experience with Psychological Harassment

By Simon-Pierre Hebert and Rachel Ravary McCarthy Tetrault If you have employees in Quebec, then you are likely familiar with the prohibition against “psychological harassment” that was added to the Act Respecting Labour Standards in 2004. Managers initially reacted to the new provisions with a lot of apprehension, fearing that a disgruntled employee could turn […]

Keeping workers safe in hot weather

Keep Workers Safe During Hot Weather

Summer is in full swing so it’s time to make sure employees stay safe in the hot weather. The Occupational Safety and Health Administration (OSHA) doesn’t have a specific standard for addressing heat stress. However, the agency has previously issued citations to employers that have allowed employees to be exposed to a risk of serious […]

What’s an FMLA ‘Qualifying Exigency’?

by Robert P. Tinnin, Jr. Q. In January of this year, amendments to the Family and Medical Leave Act (FMLA) became effective, adding certain types of leave for family members to help relatives serving in the military. I understand the leave is available for a “qualifying exigency.” What is that? I recently had an employee […]

The Deposition: Michael’s Secrets Revealed!

In “The Deposition” episode of “The Office,” Michael Scott tries to testify against his employer, Dundler Mifflin, after his girlfriend Jan Levinson sues the company for wrongful termination.  While Michael is being deposed, his e-mail, personal diary, and performance reviews are  used. Employment law attorney Troy Foster reminds us that “that nothing at work should […]