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Duties more important than titles when determining eligibility for overtime

by Marc Ouellet The issue of overtime has become a major concern for employers in the wake of class actions on the subject in Canada. The Québec Act Respecting Labour Standards (ALS) provides exemptions from the right to overtime including for employees in managerial positions. In Skiba v. Playground, L.P., the Court of Appeal of […]

FMLA: When Absences and Certifications Don’t Match Up

By Susan Schoenfeld, JD In cases where an employee’s absences are not supported by his or her medical certification, an employer should consider recertification. An employer may request recertification of an employee’s serious health condition no more often than every 30 days unless one of the specific exceptions discussed below applies.

immigration

Top 5 Immigration Predictions Under Biden Presidency

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last 4 years. Many legal practitioners expect more of the same during the Biden administration.

Skills

3 Steps Serious Companies Are Taking to Fill the Tech Skills Gap

It’s no secret that the market for hiring technology talent is competitive and the pool of qualified candidates is limited. In the last few years, the IT industry has been plagued by an ever-growing skills gap. This gap is so prominent, that over 77 percent of organizations believe insufficient digital skills are a key obstacle […]

The Negotiation

Litigation Value: $350,000 Phew – finally a new episode! While any episode of The Office is a good one, it’s nice to have new material to discuss. As always, the gang at Dunder Mifflin did not disappoint with this week’s super-sized episode. Employers who fail to fire employees who tape pepper spray canisters, nunchucks, and […]

How to Use People Analytics to Restore Sanity in the Workplace in 2024

Since the COVID-19 pandemic pushed people out of the office and precipitated a generational rethinking about the nature of work and its place in our lives, companies and their employees are suffering through an increasingly antagonistic relationship. According to one analysis, approximately half of Americans are unhappy in their jobs, while 83 percent of people […]

Case Study: Employee Can’t Show Firing Was Because of Her Gender

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a […]

Strategies for Reengaging Workers

Any employer would love to have employees who are genuinely passionate about their work. In the workplace, passion often translates directly to employee engagement. Passionate, engaged workers tend to be more productive, are more loyal to employers, engage in self-study and training, and are more creative and proactive. Consider, for example, a graphic designer who’s […]

Nurse’s High Anxiety Put Employer on FMLA Leave Notice

An employee walks visibly shaken into your human resources office. She is upset about a work reassignment and says she does not feel properly trained for the new position. She has an emotional meltdown in front of you: crying and shaking so severely that she requests an ambulance. You attempt to calm her and instruct […]

This is Us: What’s the FMLA Got to Do With It?

For six seasons, fans of the NBC hit drama This is Us tuned in each week to watch the Pearson Family saga unfold and to have a collective soul cleansing cry. This is Us delicately weaved in and out of multiple time periods to tell the heartwarming story of Jack (Milo Ventimiglia) and Rebecca Pearson (Mandy […]