Tag: Employment law

‘Poor’ employer’s termination obligation not reduced

by Hannah Roskey There has been some controversy in Canadian law on the issue of whether the financial circumstances of the employer should play a role in deciding what constitutes reasonable notice of termination or pay in lieu of notice. Since multiple factors go into deciding what’s reasonable in many circumstances, why not this one? […]

reference

Solving the reference riddle: Know what to ask and how much to say

Checking references has a way of putting employers in a pickle. When they want information about a potential new hire, they’re often frustrated when references divulge no more than dates of employment, position held, and pay rate. That “name, rank, and serial number” response can be frustrating. But when the employer is on the receiving […]

How to curb intermittent FMLA leave abuse

by Lisa Berg One of employers’ most common complaints about administering Family and Medical Leave Act (FMLA) leave is employees’ tendency to abuse intermittent leave. When combatting this type of fraud, employers must navigate tricky U.S. Department of Labor (DOL) regulations as well as federal court rulings that limit the type of information that can […]

Project manager sentenced to 3.5-year jail term in Metron swing stage collapse

by Norm Keith, Christina Hall, and Shane Todd “… [A] significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive […]

Nervous about pay equity? Don’t worry, you don’t have to boil the ocean

It’s one thing to strive for an equitable compensation system, but it’s quite another to really understand whether employees are being paid fairly and what to do if they’re not. With employees having instant access to salary data through the Internet—data that may or may not be relevant to their situations—and the debate becoming a […]

breastfeeding

Break time for nursing mothers: legal requirements and lactation policies

by Jodi R. Bohr Although employers’ obligation to provide breaks for nursing mothers is not new (it took effect with the March 23, 2010, signing of the Affordable Care Act (ACA)), I’ve recently been presented with many questions about what the law requires. From the questions, I’ve realized two things: (1) Employers still do not […]

What #OscarsSoWhite teaches us about disparate impact

I have to admit that I’m just not a big fan of awards shows, and that includes the Academy Awards. Don’t get me wrong, I love movies. But I find awards shows dull and way, way too long. If something extremely funny happens, or someone makes an incredibly touching or socially impactful speech, I can […]

An abbreviated case for cause

by Keri Bennett We all know litigation is expensive. That’s particularly true when an employer seeks to justify a for-cause termination. But there may be an alternative to protracted litigation. In Cotter v. Point Grey Golf and Country Club, the British Columbia Supreme Court proceeded in an abbreviated way. It recently allowed a for-cause termination […]

A refresher on successfully defending EEOC and other agency charges

by Ryann E. Ricchio Equal Employment Opportunity Commission (EEOC) charges have clearly become a cost of doing business for many (if not most) employers today. Like anything else, employers can get into a routine—or maybe even a “rut”—in investigating and responding to charges. This article provides a refresher on how to successfully defend EEOC and […]