Tag: Employment law

Human rights claim disallowed; victim was part of the harassment

By Nicola Sutton In December 2013 we reported on the allegations faced by the Miami Dolphins that one of its players had been bullied and harassed by his teammates, an issue faced by many employers. Sometimes these issues are complicated when a complaining employee has been or is an active participant in the complained-of behavior. […]

The HR guide to Super Bowl XLVIII

by Mark I. Schickman Sometimes the Super Bowl is a great game, but more often, it’s a blowout long before the dip and punch disappear. In case we need something to hold our interest between the $8-million-a-minute commercials, here are some employment law points to think about as the Seahawks and Broncos square off, representing […]

Micro-units: fermenting new labor problems

by Martin J. Saunders The cornerstone of the National Labor Relations Act (NLRA) is employees’ right to self-organize in a unit appropriate for the purposes of collective bargaining. The NLRA confers on the National Labor Relations Board (NLRB) wide discretion to determine in each case whether the unit appropriate for purposes of collective bargaining is […]

Can you keep a secret? Court upholds termination for breach of confidentiality

By Hannah Roskey When will an employee’s breach of confidence justify immediate dismissal under Canadian law? A recent decision by the British Columbia Supreme Court demonstrates that clearly drafted employer policies intended to protect confidential information can indeed be strictly enforced. In Steel v. Coast Capital Savings Credit Union, the court upheld the dismissal of […]

Rah rah ree! Pay our salary!

If your Google search for “California cheerleaders illegal” led you here, our apologies for your initial disappointment. But, please, stay a while, because the recently filed class action lawsuit by the Raiderette cheerleaders against the NFL’s Oakland Raiders is instructive as to the types of issues that can lead to wage-and-hour litigation.  Do we have […]

FMLA, ADA, and employees with depression: Examining the nuts and bolts

Employees bring their expertise, education, and skills to work every day, and employers count on those qualities. But employees may also bring other aspects of their lives to work—characteristics that can complicate the employer’s responsibilities.  A study from Integrated Benefits Institute (IBI), a nonprofit organization concerned with health and productivity research, released a study in […]

Showdown in Texas over hiring convicted felons

by Mark Flora Texas Attorney General (AG) Greg Abbott has filed suit against the Equal Employment Opportunity Commission (EEOC), seeking a declaratory judgment that Texas and its agencies be entitled to maintain their current policies barring convicted felons, or categories of convicted felons, from state employment. Convicted felons and categories of convicted felons are currently […]

Say it ain’t so, A-Rod?

Back in August 2013, I wrote about the Biogenesis scandal that resulted in the suspension of 13 major and minor league baseball players, including a 211-game suspension for Alex Rodriguez. Well, thanks to A-Rod, this story has become the gift that keeps on giving. On January 11, 2014, Arbitrator Frederic R. Horowitz issued his decision […]

Human rights damages awarded by Ontario court

By Eowynne Noble In 2008, Ontario’s Human Rights Code was revised to specifically permit Ontario courts to award damages for breaches of the Code. Before this, it was only the Human Rights Tribunal that had jurisdiction to award damages for human rights violations in Ontario. Since then, Ontario plaintiffs have made many attempts to obtain […]

NLRB Sues Wal-Mart for Allegedly Violating Workers Rights to Strike for Higher Wages

Retail giant Wal-Mart Stores Inc. could be facing substantial back pay fines and other remedies related to a federal complaint alleging it violated its employees’ rights with its response to organized strikes in 14 states that called for higher wages and other worker benefits. The National Labor Relations Board consolidated complaint alleged that Wal-Mart violated […]