Most Popular

8 Best Practices for Fending Off EEOC Investigators

EEOC is rattling its unconscious/systemic discrimination saber—and if they target you for an investigation, it’s going to be expensive and annoying, whether you are innocent or guilty. Here are 8 steps you can take to forestall the attack. What are the best practices for keeping the EEOC at bay in a time they’re begun to […]

Alleged Harasser Sidelined during Arbitration

By Frederic Parisien Workplace harassment, at the onset, involves two players — the harasser and the harassee. A third party is added once a complaint is filed — the employer. And a fourth player, the union, is added if that complaint is a grievance. To what extent does the alleged harasser continue to be a […]

Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

Michael’s Goodbye

Tonight’s episode, a rerun of Part 1 of Michael Scott’s goodbye, had, unfortunately, limited employment law relevance.  But one thing did stand out — Gabe’s relentless pursuit (or re-pursuit) of Erin. Gabe demonstrates well the dangers of office romances. Gabe’s inability to cope with Erin’s decision to dump him has Gabe hounding Andy to stay […]

New developments in Canadian law on gender identity and expression at work

by Clayton Jones In Canada, legislative developments continue to occur regarding the issues of gender identity and gender expression and have gained much attention in recent months. This is due in part to the increased acknowledgement of the challenges faced by transgendered people including in the workplace. One of the results is that employers are being […]

Elizabeth is latest New Jersey city to require paid sick leave

by James M. Leva Elizabeth will be the 10th New Jersey municipality to require employers to provide paid sick leave when a new law takes effect on March 2. Elizabeth’s law largely mirrors laws passed in Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson, and Trenton. The Elizabeth law applies to all private […]

Medical Evidence, Lay Testimony Sufficient to Prove FMLA Claim

by Lauren E. Moak The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned […]

OFCCP’s Internet Applicant Rule Takes Effect

On February 6, 2006, the Office of Federal Contract Compliance Program’s (OFCCP) new e-cruiting rule went into effect. The rule, which sets out recordkeeping requirements for Internet-based job applications, applies to employers that have federal contracts in excess of $10,000.

IRS Voluntary Classification Settlement Program: Proceed With Caution

In a recent move to encourage employers to correct past misclassification of workers, the IRS has established a voluntary compliance program, called the Voluntary Classification Settlement Program, or VCSP. The program permits employers to voluntarily reclassify their workers as employees for future tax periods with minimal tax liability for past non-employee treatment. To participate, an […]