Tag: Employment law

Retail Sales Exemption to Federal Wage Law

by Kara Shea Typically, when employers consider whether their employees are exempt from federal overtime pay requirements, they think in terms of the “big three” exemptions — administrative, executive, and professional, collectively known as the “white-collar” exemptions. When reviewing job positions, classifying new positions, or conducting an internal audit, however, remember to consider some lesser-known […]

Irony

I don’t usually pass along pop-culture links, but this one was too good to be true. On Tuesday of this week, TMZ reported that Steve Carell, who plays Michael Scott on The Office, was selected for jury duty in an employment-related dispute in California! Well, at least he had some experience with litigation earlier this […]

Big Brother Is Here: Ontario’s Integrated Approach to Enforcement

by Daniel Pugen McCarthy Tetrault Ontario’s new Regulatory Modernization Act, 2007 may sound like a bland piece of regulatory updating, but it actually contains significant changes to regulatory enforcement processes, including those in the employment field. Passed by the Ontario legislature on May 17, 2007, and going into effect on January 17, 2008, this law […]

Ruling Helps Alberta Employers Defend Preemployment Testing Challenges

by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]

When Employees Blow the Whistle

by Hillary J. Collyer Whistleblowing has become a hot topic. Just a few years ago, three prominent whistleblowers were named Time magazine’s “person of the year.” Whistleblowing occurs when an employee charges that some wrongdoing or illegal conduct occurred within the company. This article addresses employers’ responsibility to protect whistleblowers from retaliation. No statute spells […]

Awards Season

The Golden Globes were canceled, and it isn’t looking so good for the Oscars. So, in the spirit of the awards season, I have decided to give out a few awards of my own. And I’d like to invite all of you to be the Academy. My first category is “Best Plaintiff in an Employment-Based […]

Terminating for cause? How to limit your liability in Canada

By Karen Sargeant and Brian P. Smeenk You’ve likely been in this situation before: One of your employees has engaged in questionable conduct. You’re in the process of investigating and are considering whether you should terminate the employee for cause. How do you go about it under Canadian employment laws? Be careful Terminating an employee’s […]

3 Tough Disciplinary Issues: Drug and Alcohol Use, Insubordination, Workplace Searches

by Stuart R. Buttrick Although the types of misconduct that employees can engage in is unlimited, some disciplinary issues occur over and over again. Among the most common — and difficult — issues for employers to handle are drug and alcohol use, insubordination, and workplace searches of company or employee property. This article will offer […]

Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 2

by D. Michael Henthorne In this second part of a two-part series, I examine the unusual figurative relationship between union-free policy statements, the human nature of employees and employers, and a neglected utility closet. In the first article, I described a large utility closet located on the carport adjacent to my house. Once an ideal […]