Tag: Employment law

Applicants seeking answers: What’s an employer’s obligation to job seekers?

by Tammy Binford The tough job market of recent years has brought employers a flood of resumes and applications. The volume can be overwhelming in the HR office, but behind all those appeals for employment are real people—usually anxious and sometimes desperate people—who crave information about where they stand in the process and when a […]

BLR’s 2013 perks survey results

From health insurance to stock options to paid vacation, employees love perks. They can help in efforts to recruit the best applicants as well as retaining and engaging your top performers. Recently, BLR surveyed 1,493 HR professionals about the types of perks they offer employees. Paid holidays is the number one perk provided by the […]

Gaga over the FLSA monster

by Boyd Byers Pop diva Lady Gaga affectionately refers to her fans as “little monsters.” But she recently became acquainted with a big monster― the Fair Labor Standards Act (FLSA). Jennifer O’Neill, who worked as Gaga’s personal assistant, sued the pop star’s company, Mermaid Touring, Inc., for FLSA violations. She says she was continuously on […]

Punitive damages awards increasing in Canadian employment cases

By David McDonald In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, […]

Bye Bye Bye

Litigation Value: Michael’s Antics over the Years = Too Many Zeros to Count; Collateral Damage from the Dwight/Jim Feud over the Years = Some Unfortunate Workers’ Compensation Claims; Getting a Super-Sized Finale = Priceless.    Given that my esteemed colleague, Jaclyn, has addressed the Moving On episode twice now, I thought I would focus on our upcoming finale. […]

Healthcare reform and state exchanges

by Gary S. Fealk Employers should be aware that big changes are on the horizon as a result of the passage of the Affordable Care Act (ACA) and the U.S. Supreme Court decision upholding the law as constitutional last year. This article briefly discusses provisions addressing state health insurance exchanges and the mandate that employers […]

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Play-or-pay factor: Affordability safe harbors

By Martin Simon If an employer covered by the Affordable Care Act play-or-pay requirements decides to play by providing health insurance coverage, it could still be hit with penalties if the coverage is “unaffordable.” Coverage is unaffordable if one or more of the employer’s full-time employees receives a premium tax credit because he or she […]

Better an addict than a thief: disciplining drug- and alcohol-dependent employees

By Jennifer M. Shepherd and Hannah Roskey It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions. […]