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Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]

Québec Contractors Can’t Have Their Cake and Eat It Too

by Marie-Julie Lanctôt For a variety of reasons, more and more employees want to create companies to provide their services as contractors, rather than employees. Such services will often be identical to those that were provided when the individual was an employee. Subject to a tax, employment insurance or Canada Pension Plan audit, that may […]

The 7 Paycheck Failures that DOL Targets Most

DOL recently settled a case against a major construction company, whose list of legal failures provides a good checklist of infractions every company should strive to avoid. (You’ll also avoid the almost $1 Million fine the company will pay to settle the case.) DOL’s action against Lettire Construction Corp., which was punctuated by the substantial […]

Suit filed over Trump’s phaseout of DACA: what employers should know

On September 5, President Donald Trump announced that the federal Deferred Action for Childhood Arrivals (DACA) program will be phased out over the next six months. In response, 11 states and the District of Columbia have filed suit, alleging that the repeal of DACA violates the Equal Protection Clause of the U.S. Constitution and the […]

Wired Employees: Great for Productivity—and Liability

These days, it seems as though most every employee needs a cell phone, pager, or PDA. While these devices can be great for productivity, says employment attorney Sarah Weitz, they can also create liability. Digital devices can pose problems ranging from safety to wage and hour and productivity, says attorney Sarah Weitz, blogging on hreonline.com. […]

Wells Fargo Shells Out For Alleged Overtime Violations

Wells Fargo & Co. has agreed to pay $12.8 million to settle a class action lawsuit charging that the bank improperly classified certain business-systems employees in California and other states as exempt from overtime, in violation of the federal Fair Labor Standards Act. The suit, filed in federal court in San Francisco, alleged that Wells […]

Shifting Demographics: Majority to Minority?

Individuals who have long been in the majority classes for race and ethnicity may now find themselves in the unfamiliar territory of a “minority” in some states. The changes in population present an interesting—if not complicated—problem for contractors with affirmative action responsibilities. Recent census data reveal that there are four states where “minority” populations are […]

What Obama’s New Health Care Reform Proposal Means for Employers

This morning, President Barack Obama released a health care reform proposal that “bridges the gap between the House and Senate bills.” The President released his proposal in advance of the upcoming televised health care summit on Thursday, February 25, and White House officials have noted that the proposal will serve as the starting point for […]

Team in Trouble: One word & two cultures = production problems

A team is missing its production deadlines, and a different cultural interpretation of the word “deadline” is the cause. Two experts offer solutions for fixing the problem. The Problem: Don is production manager in a printing company that produces books for major publishers. Five years ago, the company added binding to its services, and Don […]