Tag: Employment law

Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it

By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter.  This past weekend, we rolled the clocks back. And though we got an extra hour of sleep (well, you may have—I have two children under […]

Understand the whistleblower (and prevent retaliation claims)

by Ken Broda-Bahm and Brad Cave With retaliation claims again topping the list of charges filed most frequently with the Equal Employment Opportunity Commission (EEOC) and whistleblower claims on the rise, employers can learn a great deal by better understanding the psychology of a whistleblower.  Retaliation is all about perception In its 2015 enforcement and […]

Computing commuting time

by Connor Beatty Ask anyone with a long daily commute, and he will agree that it certainly feels like the workday begins long before he steps inside the front doors of the workplace each morning. Under the Fair Labor Standards Act (FLSA), commuting time is not considered working time, although there are a number of […]

Employers haunted by Halloween

Happy Halloween! We hope you are getting only treats today and no tricks. But in keeping with the holiday spirit, today’s post highlights some unintended tricks employers may face from Halloween.    Many employers will have already hosted a Halloween office party or allowed employees to dress up today to celebrate, but the Halloween festivities, whether […]

OHS prosecutions: When the regulator mischaracterizes a party’s role

by Carla Oliver When a person applies for a job, the job generally comes with a title that an employer believes to be descriptive of the role and reflective of the duties and responsibilities of the position. In many cases, an employer’s assignment of a job title to a particular role is done without a […]

EEOC broadens priorities in new enforcement plan

The Equal Employment Opportunity Commission (EEOC) is signaling employers that the agency is expanding its focus on emerging employment issues. And given the drastic change taking place in today’s workplace, the new priorities aren’t surprising, according to an attorney well-versed on the “gig economy” and other challenging employment issues.  The EEOC recently announced its updated […]

IRS issues guidance on opt-out payments for affordable ACA plans

by Ajay Gogna The IRS recently issued guidance on the application of various provisions of the Affordable Care Act (ACA) to employer-provided health insurance coverage, including guidance on how employer offers of “opt-out” payments to employees are treated for purposes of determining whether healthcare coverage is affordable. Analysis of the guidance The ACA requires applicable […]

Terminating the walking dead employee: What would Negan do?

Like many of you, I am still reeling from last night’s brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad harsh; second, he could really use some training on positive motivation techniques; and […]

New accessibility laws coming for federal sector

by Jackie VanDerMeulen Laws aimed at making organizations more accessible for Canadians with disabilities have been enacted by various jurisdictions across Canada in recent years. The federal government recently announced that it also plans to introduce legislation to promote accessibility. It will apply to federally regulated employers, such as banks, cross-border transportation providers, and telecommunications […]

After-hours e-mail: Boost to productivity or trigger for burnout?

Finding the right balance between work and personal time can be tough, but it’s especially challenging when the e-mail from the office never stops. Even when the volume of off-hours messages isn’t enough to be a serious time drain, it still interrupts personal time. So can just the nagging thought that an e-mail from the […]