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Petitioners in King v. Burwell could run up against the same logic that brought down Medicaid expansion under health care reform: it could be unconstitutional for the federal government to use draconian coercion to force states to set up exchanges. Justice Anthony Kennedy emerged as a potential swing vote when he raised that Constitutional balance-of-powers question, which […]
by Martin Denyes As Ontario employers reduce their workforces and potentially look to smaller numbers of remaining employees to take on increasing workloads, February is the time to review existing excess hours agreements and permits and overtime averaging agreements and permits. Legislation requiring permits and agreements for hours in excess of 48 in a week […]
Now that the calendar has turned to 2012, employers and employees alike are taking stock. Will the new year bring relief from a long recession? Will layoffs slow down and hiring speed up? Will discontented, overworked employees have a chance to recharge? The answers are specific to individual employers and employees, but survey data provide […]
By Marie-Gabrielle Bélanger The purchaser of all the assets of a bankrupt business will be bound by the employment contracts of the bankrupt company and must therefore honor these contracts. So ruled the Court of Appeal of Quebec in a recent decision, Aéro-Photo (1961) Inc. c. Raymond (available in French only).
by Emily Hobbs-Wright Most provisions of Colorado’s new Wage Protection Act, which establishes an administrative procedure to adjudicate wage claims under state law, will take effect January 1. The law means that for wages and compensation earned on or after January 1, 2015, the Colorado Division of Labor may receive complaints and adjudicate claims for […]
The U.S. Department of Labor (DOL) has issued new guidance regarding economically targeted investments (ETIs) made by retirement plans covered by the Employee Retirement Income Security Act. ETIs are investments that are selected for the benefits they create in addition to the investment return to the employee benefit plan investor.
“FMLA was one of my favorite statutes when I was a plaintiffs’ lawyer,” says Attorney Tam Yelling. The law had a great intent, she adds, but it confuses employers. Yelling says that understanding the Family and Medical Leave Act (FMLA) is simple: Two sentences sum up what employers need to do. Of course, Yelling has […]
By Marisa Victor and Sean McGurran Following a recent decision by Ontario’s highest court, employers across Canada may now be on the hook for more termination pay when nonunion employees are laid off for an extended period. In the recent decision of Elsegood v. Cambridge Spring Service (2001) Ltd. (Elsegood), the court concluded that when […]
ERISA can be the key to upholding benefit decisions based on plan language before money is paid, but it may be far less helpful once overpaid money goes out the door, particularly when the plan is indemnity-based with no provider contracts. This situation became evident in Int’l Longshore & Warehouse Union v. Sharp Surgery Center, […]
"It’s time to put the performance review out of its misery," says consultant and professor Samuel Culbert. "This corporate sham is one of the most insidious, most damaging, and yet most ubiquitous of corporate activities." Culbert, a professor of management at UCLA, goes on to say that the performance review is "a pretentious, bogus practice […]