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EEOC revises national origin discrimination guidance for changing workforce

by Arielle B. Sepulveda The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law […]

12 States Trying to Beat Feds to the Gate on Higher Minimum Wages

As the federal minimum wage debate heats up, the real challenge for employers could be at the state level, if a dozen pending measures to increase state minimum wages gain traction. The proposals share DNA with federal measures being pushed by President Obama and congressional Democrats — to raise the minimum wages and in many […]

Oregon employers must prepare for statewide paid sick leave law

by Cal Keith Paid sick leave will be the law in Oregon as of January 1, 2016, now that Governor Kate Brown has signed legislation passed by the state legislature in mid-June. The statewide law mostly mirrors Portland’s sick leave law, which took effect January 1, 2014. It provides that covered employers must allow employees […]

Post-contractual duty to act faithfully: a protection limited to a (too) reasonable period

by Isabelle East-Richard Throughout Canada, whether under article 2088 of the Civil Code of Québec in Quebec or the common law elsewhere, employees have a duty to act faithfully and honestly toward their employer once the employment relationship has ended. That is the case even when there is no noncompetition clause in an employment contract. […]

Complaint on DOT Debit Card Program … , Part 2

(This is a continuation of the previous story)   Exactly what standard of protection is acceptable in a QTFB debit card is unsettled. Not all cards are created equal, and some types do a better job of restricting transactions than others. Swafford maintains that the debit card program the DOT has implemented is not only […]

New Marijuana Laws and Your Drug Policy

Yesterday’s Advisor explored how legal marijuana use and drug interviews and policies mix. Today, more from Tim Thoelecke on that topic, plus some handy tips. By Tim Thoelecke Marijuana is mainstream, or trying to be. Indeed, many have made the assumption that marijuana is no longer the danger that we once thought it was. Oddly, […]

High court rules on noncompete, nonsolicitation clauses in business sale

By Isabelle East-Richard A recent Supreme Court of Canada decision arising out of Québec will have broad ramifications across Canada. In Payette v. Guay Inc. (2013 SCC 45 (September 12, 2013)), the Supreme Court of Canada settled the debate over whether the employment contract provisions of the Civil Code of Québec also apply to noncompete […]

Save money while improving employee morale

by Richard Reinhardt Unscheduled absenteeism costs American businesses billions of dollars every year, according to the U.S. Bureau of Labor Statistics (BLS). There are myriad potential costs to take into account, including:  Overtime; Paid sick days; Use of temporary or “relief/reserve” employees; Reduced productivity; Poor quality of goods or services resulting from replacement workers’ inexperience […]

Know What Retaliation Is, So You Can Prevent It

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]