Tag: Employment law

Recent B.C. decision on secondary picketing at non-striking facility

by David T. McDonald About 15 years ago, the Supreme Court of Canada changed the law on secondary picketing in Canada. That decision, RWDSU Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8, ruled that secondary picketing was generally lawful unless accompanied by wrongful conduct such as violence or blockading. This meant that […]

Labor looks for love

by Richard I. Lehr —“I was lookin’ for love in all the wrong places, lookin’ for love in too many faces, searchin’ their eyes and lookin’ for traces of what I’m dreamin’ of.” The song “Looking for Love,” written by Wanda Mallette, aptly describes the circumstances of organized labor. Despite labor’s political expenditures and substantial […]

Harvey Weinstein: beauty and the beastly mogul

Over the last week, the fallout from a New York Times article regarding Harvey Weinstein has been swift and significant. On October 5, the Times published an explosive story about Hollywood producer and media mogul Weinstein’s alleged sexual harassment spanning decades. More and more women have been coming forward since the story broke to accuse […]

pretext

ADA: When Is a Transfer a Reasonable Accommodation?

Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.

Make sure employees know what to do if ICE raids your workplace

by Lori Chesser You employ a large number of seasonal workers, many with temporary work visas, at several different sites. You also have a main office. You would like to train your frontline employees on what to do if U.S. Immigration and Customs Enforcement (ICE) shows up with a warrant for an immigration raid. What […]

age discrimination

7th Circuit: No ADEA Liability for Terminating Retirees Because of Benefit Costs

The U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. Retirees who continued to work part-time for an Indiana county argued the county violated the Age Discrimination in Employment Act (ADEA) when it terminated them to save money on health insurance benefits.

Justice system failed the victims of Radiohead stage collapse

by Norm Keith On September 5, 2017, Justice Nelson of the Ontario Court of Justice stayed all charges against the accused in the deadly stage collapse at the Radiohead concert in Downsview Park on June 16, 2012. These charges under the Occupational Health & Safety Act (OHSA) are the latest in a series of serious regulatory […]

Transgender

Sessions Memo Changes DOJ Position on Transgender Discrimination

U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies.

10 traits of an effective workplace investigator

by Ryann E. Ricchio Workplace investigations are of critical importance to employers for many reasons. Done correctly and thoroughly, an investigation can, among other things, resolve ongoing and future workplace problems, mitigate your organization’s liability, prevent third-party intervention, demonstrate good faith, and preserve evidence that may be needed in the future. Of course, a central […]