Most Popular

Canadian Court Not Prepared to Act as Workplace Referee

By Sara Parchello Does an employer have a broad obligation to protect employees from mental distress that may be caused in the workplace? Ontario’s Court of Appeal recently answered this question in Piresferreira v. Ayotte and Bell Mobility Inc. with a resounding “no.” The decision reverses, in part, an award made back in 2008 – […]

Employment Law Tip: Reviewing Your Vacation Policy

It’s that time of year when vacations are in full swing, and maybe all the overlapping vacation requests and questions about how vacation works have exposed some gaps in your vacation policy? If so, it’s time to review your policy. Here are the key areas a comprehensive vacation policy should address: Who is entitled to […]

New Wisconsin Electronic Discovery Rules Go Into Effect

by Timothy D. Edwards On January 1, 2011, new rules for the discovery (pretrial exchange of evidence) of electronically stored information went into effect in Wisconsin. One of the most significant changes is a “meet-and-confer” provision requiring the parties to address issues pertaining to electronically stored information early in the litigation. Back in April 2010, […]

Overtime Changes: IWC Wage Order Hearing Developments

As we reported last month, the Industrial Welfare Commission is holding hearings and meetings throughout the state to review current overtime and other wage and hour rules and come up with new final wage orders. In this regular monthly feature, we’ll run down the IWC’s most recent activities.

News Notes: Corrective Action Blocks Suit Over Negative Performance Review

The Ninth Circuit Court of Appeal has ruled that a negative performance evaluation didn’t support an employee’s retaliation claim because the employer promptly corrected the problem. Aybike Kortan, a clinical psychologist with the California Youth Authority, received a bad review after she complained about a supervisor’s harassment. The court said the poor review, while retaliatory, […]

So You Think Your E-Mail Is Really Deleted?

What are the chances that you can ever erase an e-mail? No chance, says Attorney Matthew Effland.  When you send e-mail, it’s saved in many places, most of which you can’t access. For example, Effland says, your e-mail is likely stored in: Your computer’s cache and e-mail outbox, Your e-mail service provider’s computers and/or corporate […]

Hurricanes, Floods, and Other Disasters Don’t Stop Employers’ Legal Obligations in the Workplace

Just because a disaster affects your organization doesn’t mean your legal obligations in the workplace are put on hold. With (1) Hurricane Earl barreling toward the East Coast and at least two more hurricanes behind it, (2) another oil rig accident in the Gulf of Mexico, and (3) a terrible hostage situation at the Discovery […]

May: Asian/Pacific American Heritage Month

In 1978, a joint congressional resolution established Asian/Pacific American Heritage Week. The first 10 days of May were chosen to coincide with two important milestones in Asian/Pacific American history: the arrival in the United States of the first Japanese immigrants (May 7, 1843) and contributions of Chinese workers to the building of the transcontinental railroad, […]

A Harassment Investigation That Worked: What The Employer Did Right

To defend yourself against a lawsuit by an employee terminated for sexual harassment or other misconduct, it’s essential to thoroughly investigate the accuser’s complaint, as the accompanying story illustrates. Here are the key steps Lucky Stores took which led the court to find it had acted properly before discharging the employee accused of harassment:

California Court OKs New Way to Bring Bias Suits

A California appeals court has ruled that an employee who claimed he was the victim of workplace bias and violence can sue his employer under California Civil Code sections 51.7 (the Ralph Civil Rights Act) and 52.1 (Bane Civil Rights Act), which provide individual protections against discriminatory violence and denial of civil rights by means […]