Tag: Employment law

Crazy About Nellie

Litigation value: $0.00 provided Dwight reins in his hostility to Nellie’s anxiety meds. Amidst the costumes, bad investments, and a cappella singers (OMG COLBERT!!!!!), this week’s episode — Here Comes Treble — reminds us that harassment on the basis of disability is just as verboten in the workplace as sex- or race-based harassment. Dwight found a little yellow […]

Misclassification mistakes: Know risks and prevention strategies

It’s almost an understatement to call misclassification of employees as independent contractors a hot topic. It’s certainly the subject of a growing list of court cases, government agency investigations, and legislative initiatives. Various agencies at both the state and federal level have been in crackdown mode for a few years now, and it’s no wonder: […]

Transfer to Lesser Sales Territory Was Okay under FMLA, Court Says

Reassigning a salesperson to a new sales territory after her return from maternity leave does not violate the core principles of job restoration under the Family and Medical Leave Act, according to a recent U.S. district court decision. As long as the proposed change did not result in a base salary reduction or more burdensome […]

Here we go again: dealing with political discussions in the workplace

by T. Harold Pinkley As election season heats up, we thought it would be worthwhile to remind you about important issues to consider when you’re dealing with discussions about politics in the workplace. We hope our readers will relate to the experiences of Gertrude, the fictional HR director featured in this article. The phone call […]

Post-contractual duty to act faithfully: a protection limited to a (too) reasonable period

by Isabelle East-Richard Throughout Canada, whether under article 2088 of the Civil Code of Québec in Quebec or the common law elsewhere, employees have a duty to act faithfully and honestly toward their employer once the employment relationship has ended. That is the case even when there is no noncompetition clause in an employment contract. […]

NLRB and nonunion employers

Employers with nonunionized workforces once went about their business without giving much thought to the National Labor Relations Board (NLRB). But with union membership in decline, a more activist Board is branching out, and now even nonunion employers need to be on guard. As union membership dwindles, the NLRB is emphasizing that the National Labor […]

Employers: Best to Have ‘Binders Full’ of Employment Law Info

“Equal pay for equal work” is a key talking point for President Obama’s re-election platform, and last night’s presidential debate gave both candidates the chance to discuss the growing issue of pay disparity between male and female employees. While Gov. Mitt Romney’s “binders full of women” comment in response to a question on this issue […]

Judge halts EEOC lawsuit, citing ‘obstinate’ refusal to cooperate

by Amanda Jones Title VII of the Civil Rights Act of 1964 mandates that after the Equal Employment Opportunity Commission (EEOC) has investigated a charge of discrimination and determined there’s reasonable cause to believe the claim is true, it must try to negotiate a settlement with the employer through a conciliation process before filing a […]

Breaching duties and cashing checks: An employee’s entitlement to bonuses after termination

by Marisa Victor and Christopher Copeland Can a Canadian employee who is fired for cause sue for outstanding bonuses? What about if those bonuses relate to the period of the employee’s wrongdoing? This was the issue in Mady Development Corp. v. Rossetto, when a terminated executive sought to claim his bonuses for a period when […]

Teacher Entitled to Return to Same Job After Difficult Pregnancy

A district court’s refusal to grant an employer’s motion for summary judgment in a fired teacher’s interference and retaliation claim is a clarion call and reminder to employers that the Family and Medical Leave Act guarantees employees that their original job — or its equivalent — will be waiting for them when their FMLA leave has […]