Tag: Employment law

Top 5 HR resolutions for not getting sued in 2017

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb intake. I would be remiss as an HR lawyer, however, if I […]

Quebec Court of Appeal: People (not workplace policies) harass people

by Alexis Charpentier Workplace harassment is a complicated and evolving area of the law. The lines between an employer’s right to manage its employees and harassment are often blurred. Fortunately, the Court of Appeal of Québec has provided some clarity in a recent decision in Syndicat des travailleurs de l’aluminium d’Alma, local 9490 (Syndicat des […]

To fire or not to fire? Even egregious acts require care before termination

What if you had an employee who apparently showed up to work drunk and then loudly swore at a coworker within earshot of customers? Would you: (A) fire the employee on the spot, (B) investigate and then terminate if evidence shows the accusations are likely true, or (C) let it go to prevent the employee […]

Immigration

It’s Time to Cozy Up to the New I-9

It’s time for employers to get acquainted with the new Form I-9. The form is easier to use than the old version, but with just a few weeks left before employers have to make the switch, it’s a good idea to get familiar with the form now, says Jacob Monty, managing partner at Monty & […]

EEOC Slows Enforcement, But Makes Headway on Backlog

Preliminary data from the U.S. Equal Employment Opportunity Commission (EEOC) shows that in Fiscal Year 2016, it filed fewer lawsuits and resolved fewer claims outside of court than it has in recent years, despite an increase in charges filed. Employers also paid less monetary relief.

Time to prepare for new EEO-1 reporting requirements

by Billy Hammel The Equal Employment Opportunity Commission (EEOC) recently announced that employers with 100 or more employees must include employee pay data in their EEO-1 reports beginning in March 2018. The EEOC says it will use the data to combat “wage gaps” based on race, ethnicity, or sex.  What must be reported? Employers with […]

Baseball purists

“Puritanism: The haunting fear that someone, somewhere, may be happy.” -H.L. Mencken This post may not be the usual finger-wagging scold you may have come to expect from an employment lawyer. I’m confident, though, that this blog’s audience of fellow practitioners and human resource professionals will take a little solace in it. After all, it’s no […]

Strangers at the table: Employers may need to accept observers in collective bargaining

by David McDonald In Canada, collective agreements are generally accessible to the public. Canadian jurisdictions provide mechanisms to file collective agreements with government authorities, and it is not uncommon for the union or the employer to post their agreement on the web. However, the process of bargaining itself is private and typically carefully guarded by […]

Paid time off: Not always as simple as it sounds

Marking up that 2017 calendar to note important dates and deadlines? Here’s one to note in red—January 31 is National Plan for Vacation Day, a day the people behind an initiative called “Project: Time Off” have set as a day to encourage hardworking and devoted employees to plan some rest and relaxation.  The travel-related industries […]

wellness

Court Declines to Apply ADA’s Benefits Safe Harbor to Employer’s Wellness Incentive

In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]