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Family Leave Eligibility: Do You Have To Count Time As A Temp?

With more companies turning to temporary and leased employees to meet staffing needs, some tricky legal issues can come up. For example, employees are only eligible for family leave after they’ve worked for you for 12 months. But what if a person spent some of that time as a temp through an employment agency? According […]

Lax Record-Keeping Costs Employer $179K

The Fair Labor Standards Act (FLSA) sets the minimum wage and overtime pay requirements for employers. Within the FLSA, there are record-keeping requirements, including a list of 15 types of information employers must keep for up to three years. Compliance is not only required by law, but it can also be very helpful in the […]

Voters reject changes to South Dakota’s right-to-work law

by Jennifer Suich Frank On November 8, South Dakota voters rejected Initiated Measure (IM) 23, which would have allowed unions to charge nonmembers reduced “fair share” dues for services like collective bargaining. An overwhelming 79 percent of South Dakotans voted against the measure. A right-to-work law means employees have the right to work without being required to […]

Appellate Court Upholds Pension Plan’s Right to Stand by Employee’s Withholding Choice

A recent federal appeals court decision serves as a reminder that communicating with employees about their options for benefits calculation methods in defined benefit retirement plans is a very important aspect of preparing them adequately for retirement. Some DB plans offer more than one way to accumulate assets, and allow participants to choose the method […]

The Basics of Canadian Employment Contracts

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault So you’ve hired a new employee. Should you put it in writing? If so, what should it look like? What do you include? What is better left out? If you decide against an employment contract, what will the terms and conditions […]

Zero tolerance for stalking on company time

by Chuck Harrison A single incident of misconduct can still justify the termination of a unionized employee’s employment. So ruled a labor arbitrator in British Columbia recently. In Fortis Energy Inc., (February 16, 2015) the employee had engaged in an incident of stalking and intimidation of his wife’s supervisor. Compounding his offense, he did this […]

Mid-Year Poster Check: Are You in Compliance?

You know that you have to post various notices that explain to your employees their rights under various laws. But merely posting isn’t enough. First of all, required notices must be posted prominently and conspicuously where they can be readily seen by both employees and applicants for employment. Second, you need to be sure that […]

5th Circuit Throws Down on Use of AI

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) brought the hammer down on February 18 in an opinion written by Chief Judge Elrod. Glad I was not the nail. Show-cause order issued What is a show-cause order? It’s an order issued by a court to a lawyer essentially saying, […]