Tag: Employment law

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

DHS allows illegal aliens to defer deportation and seek employment in the United States

by Matthew J. Snyder The U.S. Department of Homeland Security (DHS) recently issued a directive that allows illegal aliens who satisfy certain criteria to temporarily defer their deportation and seek employment in the United States. Deferments are for two years and are renewable. While in deferment status, aliens may seek work authorization from the U.S. […]

Three Dwight Circus

Litigation Value: Andy’s vocal hatred for Nelly = fodder for her brewing constructive discharge and breach of contract case; New versus Old Dwight dynamic = possible future age discrimination issues; watching Old Dwight’s jealous alter ego attempt a terrifying stunt in the parking lot to put New Dwight in his place = priceless. The Office […]

Independent contractor’s behavior can lead to criminal liability for employers

By Antonio Di Domenico On Christmas Eve 2009, a swing stage (a work platform) suspended on the 14th floor of an Ontario apartment building collapsed. Four workers including the site supervisor died after falling to the ground. Metron Construction was charged with criminal negligence causing death under Canada’s Criminal Code. The company’s owner and sole […]

Exploring the trickier aspects of hiring: What kills an applicant’s chances?

A few questions to consider about the hiring process: Is it the most rewarding aspect of an HR professional’s job? Is it a thorny task fraught with legal risk? Is it an exercise in frustration, frequently yielding undesirable candidates? For many HR pros, the answer to all three questions is likely yes. The economic downturn […]

Can you silence investigation participants without ruffling feathers?

by Chris Chrisbens Do you instruct or ask employee witnesses to keep the subject matter of a workplace investigation and your interview confidential when you conduct an investigation? Are there consequences for employees who breach confidentiality? For years, HR professionals regularly have given those instructions and been trained by experienced investigators and the Equal Employment […]

Facebook can be an unfriendly place

by Sara Parchello While the summer has come and gone, employees’ photos of their summer activities may not be. If employees post those photos on Facebook or similar sites, employers may be confronted with just what employees did with their time over the summer. And what if, on a day an employee called in sick, […]

Chicago teachers striking over evaluation system, recall pool

by Brian J. Kurtz It is Thursday, day four of the Chicago Teachers Union’s strike against the Chicago public school system. All over the city, many of the 30,000 union-represented teachers and counselors are wearing red T-shirts and rallying with picket signs, banners, and noisemakers in front of city schools and government offices. The public […]

Can you declare company facilities off-limits for off-duty employees?

by Kyle C. Foust Many employers institute policies prohibiting off-duty employees from accessing their facilities. If you are one of those employers, you should ensure that the language of your policy complies with the National Labor Relations Act (NLRA). Specifically, the policy must not violate Section (8)(a)(1) of the NLRA. The National Labor Relations Board […]

Did he quit, or was he fired?

by Emilie Paquin-Holmested Generally when employees decide to leave their jobs, they are considered to have quit. But in Canada, if they leave their jobs because the employer substantially changed essential terms of their employment, they are considered to have been constructively dismissed. The line separating these two notions is often unclear. It’s especially so […]