Most Popular

Blue-Pencil Correction of Noncompete Gets Red Light from Canadian Court

By Marisa Victor and Yael Wexler Noncompetition clauses in employment contracts are difficult to enforce in Canada. Courts tend to regard them as unreasonable restraints on trade. Any ambiguity usually will be fatal. Nor will the courts generally use a “blue pencil” to remove ambiguous words. This was made clear in the recent appellate decision […]

Clean Slate

As I write this, it is the final day of 2010. We are on the eve of a new year and with it comes a clean slate, a blank canvas on which you can create the type of year you want in 2011. January 1 marks the beginning of a new year. Janus, for whom […]

Must You Post Notices in Foreign Languages?

Federal and state governments require multiple notices to employees, but do they also require them in foreign languages for non-English-speaking workers? The short answer … maybe. Because you’re conscientious about employment law, you’ve put up the required safety and health, family leave, USERRA, and other postings. And you’ve supplied your employees with required information under […]

Election

Who Would Make a Better Boss? Hillary or Donald?

Citizens across the United States are preparing to cast their ballot on Tuesday, November 8 and bring an end to what has been a very contentious Presidential election. While there are dozens of foreign and domestic policies to consider, CareerBuilder asks one important question: “If you had to choose, which candidate would you like to […]

NLRB

Latest NLRB reversal takes aim at ‘microunits’

The latest National Labor Relations Board (NLRB) decision reversing actions by the Obama-era Board hands employers a win against an organizing tactic that gave unions the upper hand in determining what constitutes an appropriate bargaining unit. As was the case with other mid-December decisions, the Board turned the old standard into the new standard. On […]

Retail Sales Exemption to Federal Wage Law

by Kara Shea Typically, when employers consider whether their employees are exempt from federal overtime pay requirements, they think in terms of the “big three” exemptions — administrative, executive, and professional, collectively known as the “white-collar” exemptions. When reviewing job positions, classifying new positions, or conducting an internal audit, however, remember to consider some lesser-known […]

Unexcused Absences Still a Valid Reason for Termination

By John S. Gannon, JD, Skoler, Abbott & Presser, P.C As employment litigation becomes more and more prevalent, employers are left wondering whether it’s ever safe to fire employees who violate company policy. Courts and administrative agencies have ruled against employers that have fired employees for improprieties such as shouting obscenities in the workplace or […]

Relationships? ‘Sorry, Gotta Have ’Em to Get Stuff Done’

HR Isn’t About Compliance We spend a lot of energy worrying about regulations and compliance, says Schooling, but that’s not HR. We professionals in HR: Pay attention to changing conditions, constantly scanning the environment. Explore and stay tuned in to human dynamics. Understand theories of motivation like push/pull and Maslow. Are empathetic and tuned in […]

Canadian employers hit with record-setting occupational health and safety fines

By Norm Keith With the introduction of the Bill C-45 amendments to the Criminal Code of Canada, occupational health and safety regulation, prosecution and conviction have been on the rise across the country. Recently, Vale Canada Limited and Metron Construction were given record fines in occupational health and safety and criminal negligence convictions, respectively.