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Wage And Hour: Department Of Labor Says Retroactive Overtime Calculations Required When Stock Options Exercised

In an advisory opinion that could give employers headaches, the U.S. Department of Labor says you may have to include stock option profits in an hourly worker’s base pay and retroactively calculate their overtime using the new pay rate. Although it’s unclear just how far-reaching this opinion will be, it raises some complicated issues that […]

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 […]

Administering a PTO policy in California

When administering a PTO policy in California, it’s important to understand how the law treats the accrued days in the PTO bank. This matters for California employers since accrued vacation days are treated as accrued wages and must be paid out upon termination. As such, the same rules apply to any PTO time that is […]

Quality of Hire: Finding Great Sources

Yesterday we began to explore the topic of quality of hire. Today we’ll look at finding good sources of talent and making sure you ask the right questions.

$300 Million Overtime Class Action Against CN Rail Gets Green Light

By Donna Gallant Michael McCracken’s claim against Canadian National Railway (CN) recently got the go-ahead to proceed as a class action. The third in a trilogy of high profile overtime cases in Canada, McCracken v. Canadian National Railway Company brings the score to 2 to 1 for certification of the class action — at least […]

The Play’s the Thing

Litigation Value: A jug of wine, and thou. Unless the bottle nicked by Michael Scott (and shared with some of his coworkers) contained a vintage beyond the norm for community theater events, we could limit our legal discussion to petty theft. But how instructive — or fun — would that be? With the most recent […]

Ontario labor and employment laws to undergo significant amendments

by Sophie Arseneault and Christian Paquette In Canada’s most populous province, labor and employment matters are governed by two fundamental statutes: the Employment Standards Act (ESA) and the Ontario Labour Relations Act (LRA). The ESA sets out minimum rights and obligations of employers and employees in the province. The LRA governs a host of matters […]

sexual harassment

Getting past the threat of sexual harassment in the workplace

As employers strive to create diverse workforces, they need to think beyond just attracting employees from varied backgrounds. It’s just as important to think about how to retain a diverse group. Taking steps to prevent sexual harassment is one way to make sure talented and productive employees don’t flee work environments they find uncomfortable, even […]