Tag: Employment law

Where there’s smoke, you’re fired: tackling rising costs of tobacco use

by Holly K. Jones, J.D., If there’s one thing on which smokers and nonsmokers can agree, it’s that smoking is an expensive habit. While tobacco companies and trade groups challenge coupon and discount bans on cigarettes, employers have taken up a different fight against the rising costs of smoking.   For several years, employers have begun […]

‘But it was due to my addiction’—when is last-minute confession too late?

By Kyla Stott-Jess It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, […]

Overhauling overtime

by Adam P. Boyd The Fair Labor Standards Act (FLSA) establishes basic rights and wage protections, including overtime pay requirements, for American workers. The majority of workers covered by the Act must be paid 1 1/2 times their regular pay rate for all hours worked in excess of 40 per workweek.  On March 13, President […]

Age discrimination or legitimate termination? Firing a 65-year-old can be tricky

What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?  Those were questions recently put […]

X-Men playing catch-up on genetics–the real-life wave of the present

Remember when the study of genetic information was deemed to be the purview of those in the medical field or reserved for films and television shows that were classified as “futuristic science fiction”? Not anymore. Today we live in a world where everyone is fully aware that their own genetic code and family history could […]

Bonuses may be part of equation when calculating pay in lieu of notice

By Myriam Robichaud Most employers in Canada understand that when terminating an employee, reasonable notice of termination or pay in lieu of notice must be provided. While this principle appears simple, determining which elements of compensation must be included in pay in lieu of notice can be complicated.

Organized labor continues to branch out

by Connor Beatty Maine lobstermen, paralegals, and college football players may not initially strike you as the type of workers who would join a union. Yet, in the past year, each group has taken steps toward unionizing, highlighting the trend of the modern union with organized labor branching out into previously unimagined industries. Why would […]

Who’s working at home, and is home the proper place?

Workers who battle drive-time traffic, spend a significant portion of a paycheck at the gas station, and fight the distracting hubbub of the office may dream of working amid the comforts of home. There’s no frustrating commute, no office annoyances. But a good many telecommuters worry that they’re missing something because they’re isolated from colleagues. […]

EEOC Plans Disability Hiring Goal for Federal Employers

The U.S. Equal Employment Opportunity Commission announced May 15 its intent to issue regulations that create a plan for federal employers to serve as “model employers” of workers with disabilities — a plan that may include a hiring goal, according to the commission. The announcement came just weeks after a 7-percent hiring goal for federal […]