Tag: Employment law

FedEx, Uber, and the new economy: redefining the working relationship

by Mark I. Schickman Many of my clients are looking for ways to redefine the working relationship away from the employee model. There are various motives for this: the desire to avoid employee liability, the hope to avoid paying taxes and benefits, and the goal to avoid “head count” (whatever that means). But the law […]

marijuana

Drug tests, marijuana use, and the EEOC

by Burton J. Fishman Employers are beginning to comprehend how the widespread availability of medical marijuana will affect the workplace. Newly garbed with medical justification, more workers are claiming a “right” to use marijuana at work. Employers, confronted with a note from the ever-more- aptly-named “Dr. Feelgood” authorizing employees’ use of the drug, are often […]

Zero tolerance for stalking on company time

by Chuck Harrison A single incident of misconduct can still justify the termination of a unionized employee’s employment. So ruled a labor arbitrator in British Columbia recently. In Fortis Energy Inc., (February 16, 2015) the employee had engaged in an incident of stalking and intimidation of his wife’s supervisor. Compounding his offense, he did this […]

Restricting employers’ use of credit checks and why Mr. Robot agrees

If you’re like me, you don’t necessarily equate the USA network with riveting and innovative television. While the network has respectable ratings, I can’t help but tune out when I see a commercial for Suits, Graceland or Royal Pains (apologies to those fans of the show—I believe you, I’m sure they’re good). In fact, although […]

Employer can—and should—investigate off-duty dispute between employees

Sometimes employees just don’t get along, and employers know they need to intervene when harassing and even threatening behavior occurs on the job. But should the employer launch an investigation if coworkers trade harsh words after hours away from the workplace?  That was a question put to a group of attorneys who focus on workplace […]

Target Pays $2.8M to Resolve EEOC Charges

Target has agreed to pay $2.8 million to resolve U.S. Equal Employment Opportunity Commission allegations that it violated several nondiscrimination laws. The agreement was reached through the EEOC’s conciliation process. During an investigation, the EEOC found reasonable cause to believe that the retailer was using employment assessments that disproportionately screened out applicants for exempt professional […]

‘Ban-the-box’ movement making its way across the country

by Tara Eberline Individuals from Sister Helen Prejean, author of Dead Man Walking, to former President Bill Clinton have contended that people are more than the worst thing they have ever done. It is a sentiment that many people desire—at least when viewing their own foibles. And now some employers across the country are using […]

Human Resources lessons from NFL preseason football: employees returning to work after cancer treatment

For fans of Southeastern Conference football (and, I mean, who isn’t, right?), the name “Eric Berry” is one you don’t easily forget. Berry made his presence known as a defensive back for the Tennessee Volunteers from 2007-2009. Even though he played only three seasons in college, he was twice named a Defensive All American by […]

In ‘denial’: Alberta Court of Appeal revisits addiction in the workplace

by Hannah Roskey The Alberta Court of Appeal recently released its decision in Stewart v. Elk Valley Coal Corporation, a must-read for Canadian employers dealing with employee addiction issues. In lengthy reasons, a majority of the court agreed that there was no discrimination when an employee under the influence of cocaine was fired following a […]

Reinventing your performance reviews? Don’t forget the basics

For being a subject many people dread to think about, performance reviews have been getting a lot of thought lately. Business publications have been relating how big name companies like Microsoft, Adobe, Deloitte, and most recently Accenture have scrapped traditional rankings and once-a-year reviews in favor of new thinking. Tired of the possibly ineffective and […]