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Stay one Step Ahead of DOL’s Misclassification Efforts

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. DOL is cracking down on classification, and that makes it a good time to evaluate your organization’s classification decisions. DOL estimates that 30 percent of employers misclassify some […]

Can Canadian Employers Fire Employees for Complaints about Management?

By Ian Campbell There seems to have been an increase in cases where employees in Canada directly or publicly have challenged their supervisors or senior management. Maybe this is because of an increasing belief in their actual or perceived rights. Of course employees have the right and should be encouraged to raise legitimate workplace concerns […]

Significant Pension Changes Coming

By William Duvall After years of consultations, the Canadian government has announced significant changes to the legal framework for federally regulated pension plans. In addition, proposed changes to the Income Tax Act would affect all defined benefit plans whether regulated federally or provincially. While we can’t cover all the contemplated changes in this article, we […]

The Legal Risks of Using Social Networking Websites for Background Checks

Social networking websites—such as Facebook, Friendster, and MySpace—allow users to post information about themselves, to stay in touch with friends and meet new ones. A typical member profile might include photos; education; career interests; lists of family, friends, favorite music, television shows, and films; weekend activities; political leanings; personal musings; and more.

Obama’s Same-sex Marriage Statement Doesn’t Change Employer Plans’ Status Quo

Employers likely will need to continue to pay close attention to how their individual states’ approach to same-sex marriage will affect their employee benefit plans, regardless of President Obama’s newly articulated support for it. The president on May 9 said that he supports same-sex marriage, but also that the states should be able to decide […]

High Court Defines ‘Charge’ in Age Discrimination

The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]