Tag: Employment law

Should you settle that pesky NLRB charge?

by Frank Rox At the outset, it is worthwhile to take a look at the rather grim statistical picture. In fiscal year (FY) 2011, the National Labor Relations Board’s (NLRB) regional offices won 88 percent of unfair labor practice (ULP) and compliance cases decided by the Board and administrative law judges (ALJs). Of the ULP […]

Deflategate and the power of external investigations

After more than three months of waiting, we finally got the investigative report regarding the New England Patriots’ “Deflategate” incident that occurred during the NFL’s AFC Championship Game earlier this year. Was it worth the wait? Was the NFL’s subsequent punishment just? It’s pretty clear it depends on whom you ask. Authored by Ted Wells […]

New work permit requirements apply whether employer is in Canada or U.S.

by Gilda Villaran Employers whose employees must apply for a work permit or extension in order to work in Canada should be aware of a new compliance form and fee that they must submit before the person applies for the work permit. This came into effect February 21. Ports of entry into Canada may refuse […]

Mother’s Day 2015: a time to explore gender equality at work

Mother’s Day—since it’s always on Sunday—doesn’t typically get a lot of attention in most workplaces. Moms might get a quick shout-out during a meeting or in the office newsletter, but for most moms appreciation on their special day comes outside of work. The human resources department, however, might be smart to remember the benefits of […]

To fire or not to fire: Remember arrested employee may not be guilty

Learning that a trusted employee has been arrested and accused of theft is always alarming, but the question of what to do—suspend, terminate, or wait and see how the case plays out—adds even more stress. Recently, several attorneys who represent employers were asked what to do in such a situation. Their advice: Suspension or termination […]

A Word for the EEOC from Bob Kazamakis*

Do I look like someone who would waste my own time? Robert California, The Office This post takes us back to “That’s What She Said,” Ford Harrison’s earlier and excellent chronicle of The Office. After Michael Scott’s departure for marital bliss with zany HR manager Holly Flax, Dunder Mifflin floundered about in search for a […]

The case for cause with a single act of employee misconduct

by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]

President’s budget reflects administration’s labor and employment priorities

by Judith E. Kramer and Daria H. Hafner President Barack Obama has submitted to Congress his budget request for fiscal year (FY) 2016, which begins on October 1, 2015. Here are the highlights of the administration’s requests for the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations […]

Worried about ‘quickie election’ rule? Attorneys urge supervisor training

The much ballyhooed National Labor Relations Board (NLRB) rule shortening the process leading up to unionization elections is now in force, leaving employers scrambling to figure out how best to protect their interests. One bit of advice: Focus on supervisor training. Supervisors are the employer’s eyes and ears among employees, according to Kevin C. McCormick […]

Drug testing does not always violate fundamental rights

by Marie-Gabrielle Bélanger In Canada, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are regarded by our courts as an invasion of an employee’s privacy. But what about requiring targeted testing of an employee suffering from an addiction?