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Tech companies: Canada is open—here are some immigration considerations
by Gilda Villaran The Government of Canada prides itself on its positive attitude toward immigration and openly welcomes international talent. There are no restrictions preventing the issuance of work permits based on citizenship, and there is no reason to believe that Canada will change the way it views immigration in the immediate future. Not to […]
Protecting Yourself from Canadian Labor Arbitrators’ Expanding Powers
By Brian P. Smeenk How can you protect yourself from arbitrators’ ever-increasing damages awards, based on ever-expanding grounds? In the April 25 Northern Exposure entry “Canadian Court Trims $500K Dismissal Damages, Upholds Arbitrator’s Broad Authority,” we reported on the latest notable example of a Canadian labor arbitrator’s expansive award being upheld by the courts. That […]
McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms
It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]
Employment Law Tip: Warning Signs of Violent Behavior
In the wake of last week’s horrific violence at Virginia Tech, employers across the nation are asking themselves whether their own workplaces could be vulnerable to a similar tragedy and what can be done to prevent it.
Productivity Got Run Over by a Reindeer During the Holidays
by Margaret DiBianca Hints of the holiday season are tucked away in every corner of the workplace. Cards from customers and vendors are tacked up in cubicles. Uneaten candy canes and tin canisters filled with chocolate-drizzled caramel popcorn continue to make appearances in the break room. The office-party circuit seems endless and, of course, requires […]
Federal contractor ‘pay transparency’ rule up for comment
by Tammy Binford The U.S. Department of Labor (DOL) has published a proposed rule aimed at ensuring that employees of federal contractors are allowed to discuss their compensation. The proposed rule, which was published in the September 17 Federal Register, gives interested parties until December 16 to submit comments. The rule’s language prohibits federal contractors […]
Age Discrimination Filings Jump During Recession
Highlighting what it says is the “devastating impact” of age discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing on July 16 addressing recent developments under the Age Discrimination in Employment Act (ADEA), including the effect of widespread layoffs on older workers, threats to employee benefits, and recent controversial U.S. Supreme Court […]
Work doesn’t pay anymore: IRS phases out tax credit for employees
The Making Work Pay Tax Credit won’t be available this tax season as the government limits tax deductions, write-offs and credits for 2011 and 2012. Also this tax season, the tax penalty for non-qualified distributions from HSAs and Archer MSAs is increasing. Employers should be aware of these and other changes, many of which are listed […]
Splitting Up Meal Breaks: A Bad Idea
Our subscribers often ask us if they can split up an employee’s meal break. For example, if an employee has a meeting or training session that interferes with the 30-minute lunch break, can you as an employer have the person take 15 minutes after five hours worked, and then take the other 15 minutes later […]