Most Popular
Piece-rate Pay System Makes Class and FLSA Collective Action Infeasible, Says 7th Circuit
A class action allegation cannot succeed when each employee works a different schedule and has countless other fact-dependent duties and responsibilities. For one employer, thousands of employees with varied work schedules and pay rates could not demonstrate “class” status for Fair Labor Standards Act purposes. This was particularly true when the employees were paid on […]
Family-Friendly Workplace Act Would Allow Comp Time Off Instead of Overtime Pay
Ohio Bill Would Expand List of Protected Classes
On Tuesday, September 15, 2009, the Ohio House of Representatives passed a bill to add sexual orientation and gender identity to the list of protected classes under Chapter 4112, Ohio’s antidiscrimination statute, and R.C. 4111.17, which prohibits wage discrimination. The bill, H.B. 176, was introduced into the Ohio House in May and originally added “gender […]
Don’t be tardy to Nellie’s party!
Litigation Value: Nothing this week — unless the magician sues for emotional distress. Tonight’s “gently viewed” episode, “Welcome Party,” finds the gang dragooned by Robert California into performing favors for Robert’s newest crush, Nellie. Jim and Dwight are sent to help Nellie unpack her 30 boxes from London (and two trunks from Florida) into her […]
Wal-Mart Employee Class Action in USA – Lessons for Canadian Employers?
By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]
EEOC Vows Renewed Vigilance Against Age Discrimination
The big news last fall from the Equal Employment Opportunity Commission (EEOC) was that for the first year in history, retaliation claims had surpassed race discrimination claims as the most filed complaint in 2010. But the sleeper issue employers could be grappling with very soon is a significant increase in age discrimination claims. Recently the […]
What to Do When Your Canadian Employee Is Accused of a Crime
By Anthony Houde and Emilie Paquin-Holmested You are quietly sipping your coffee one Saturday morning and flipping through the newspaper. You suddenly stumble upon an article about one of your Canadian employees. He or she has been accused of committing a criminal offense outside the workplace but has not yet been convicted. Your mind races […]
Plaintiff’s Attorney Fined for Withholding Evidence in ADA Suit
An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]
Workplace Negativity: Don’t Just Say No
News About the Nationwide EmployeeAttitude Survey Mentioned Last Week Last Friday, we asked if you would be interested in taking part in a nationwide survey of employee attitudes. The interest was there and the survey is a go. But we need your help. Please read more about this by scrolling down to view the National […]