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Simple Rule: Stick with the Job Description

In yesterday’s CED, we told the cautionary tale of a job description that lost a lawsuit. Today, we offer more on job descriptions and lawsuit avoidance, and we’ll take a look at a unique collection of job descriptions—already written and ready to use.

Supreme Court of Canada Broadens Dismissed Employee’s Duty to Minimize Damages

By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Chalk one up for employers! In an era when the courts seem to be on a slippery slope of broadening employee rights, Canada’s highest court has given employers a break when it comes to assessing the costs of dismissing an employee without cause. In its decision earlier […]

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 […]

Pension Rights Group Seeks Temporary Freeze on Lump-sum Retirement Payouts

As a growing number of large U.S. companies announce plans to “de-risk” their traditional defined benefit plans to lower their pension obligation and retiree distribution costs, the Pension Rights Center called for a moratorium on such actions until Congress can look into the risks these strategies pose to workers and retirees. On Oct. 17, Verizon […]

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 […]

Florida

Employee or Trainee? Florida Employer Learns the Difference

By Tom Harper, The Law and Mediation Offices of G. Thomas Harper, LLC Imagine you have a worker who is nearing retirement. His son agrees to learn the position in anticipation of taking over when his father retires. You don’t pay the worker’s son, even though he performs some work for you. Is the worker’s […]

Is the Gig Economy Actually Shrinking?

The gig economy has been heavily discussed in the media and in employment circles for several years now. Essentially, it involves the less-formal employment or contractor relationships between workers and companies, with workers typically working temporarily for one or multiple employers at a time with greater flexibility and independence.

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 […]