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What Happens When Child Care and Work Conflict – More Guidance for Employers

By Ralph Nero and Ida Martin As we reported last week, decision makers across Canada are struggling with the meaning of discrimination on the basis of family status. Last week we looked at a Human Rights Tribunal decision out of British Columbia. This week we look at a recent Ontario arbitration decision, Re Power Stream […]

Employment law road map for employers entering the U.S. market

by Maria Mejia-Opaciuch, John Herrington, and Irma Solares Foreign companies and investors that enter the U.S. market are governed by numerous state and federal labor and employment laws. When you’re opening a business in the United States, it’s critical to work with experienced lawyers who can guide you through the necessary steps. Here is an […]

Heterosexual PR Contractor May Have Suffered Antigay Discrimination

By Terence H. McGuire Recently, a federal district court in New York ruled that a worker retained to perform public relations and other promotional services for a clothing manufacturer could proceed to trial on claims under the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) that he […]

No mention of severance pay or benefit continuation … No worries! Termination provision enforceable nonetheless!

by Rachel Younan Recent case law has overwhelmingly rejected termination clauses that purport to limit an employee’s entitlements upon termination to the minimum notice required by applicable employment standards legislation. In Ontario, provisions that have failed to reference severance pay and/or benefit continuation have been found to be invalid, resulting in common law notice that […]

Starbucks/EEOC Consent Decree Includes $75k Payout and ADA Training to Remedy Dwarf’s Firing

One of America’s most visible corporations was taken to task for an Americans With Disabilities Act (ADA) violation that stemmed from one branch’s poor management actions. Starbucks Coffee Co. last week agreed to pay $75,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that […]

Employee handbooks in California: Policies regarding the employment relationship

California has some specific regulations that relate to the employment relationship—and these should be clarified in employee handbooks or in written notices. There are also some laws that affect the employment relationship, and employers need to keep them in mind, even if they’re not required in employee handbooks. Here are some examples, which will each be explored in further detail below

HR’s New Year’s resolutions (or what your lawyer hopes they’ll be)

by Tracey B. Eberling What will 2014 bring? It’s hard to say. If you’ve been in HR very long, you know that employment law and workplace issues can be unpredictable. But HR professionals can take precautionary, commonsense steps to prevent small problems from spiraling out of control. Here are some resolutions that should help make […]

New penalties in Canada’s temporary foreign worker regime

by Isabelle Dongier Last year, Canada’s federal government introduced changes to the Temporary Foreign Worker Program (TFWP). The changes were intended to encourage employers to put more effort into hiring Canadian workers by making it more difficult and expensive for them to hire temporary foreign workers. The changes have done just that. Adding to that […]