Tag: Employment law

Top 5 HR and Benefits Administration Challenges Facing Companies

Summer’s here, and coincidentally, it’s a hot time for legal and regulatory developments affecting human resources and benefits professionals! Many companies trying to make ends meet also should expect new laws and regulations in these five areas. The perils of not heeding leave and disability law. Employers struggle with determining what a “reasonable accommodation” is under […]

Biting the Fiduciary Bullet: A Case for Post-Employment Restrictive Covenants

By Kyla Stott-Jess and Devin Crisanti Post-employment restrictions can be tricky to enforce. But if drafted properly, they can be valuable. As one Alberta employer recently discovered in ADM Measurements Ltd. v. Bullet Electric LTD, relying on implied fiduciary duties to do the job of contractual restrictions can be a pricey gamble. Background The employer, […]

If David Wallace is Back, Can Michael Scott Be Far Behind?

Well, of course not. Steve Carell is much too much of a star now to make the move back to TV. (Quick: Can you name the actor who portrays David Wallace? Neither could I. His name is Andy Buckley.) Nevertheless, and as much as I love Ed Helms as Andy Bernard, it’s fun to think […]

Talking to older worker about retirement

Asking About Retirement: Is It Good Planning or a Legal Danger?

“Sea change,” “massive demographic revolution,” “boomer brain drain.” They are terms  economists and sociologists use when discussing the aging of the baby boomer generation – children born between 1946 to 1964. Countless volumes have been written about what will happen as the more than 78 million boomers age and leave the workforce. Despite all the […]

Excessive Absenteeism: When Enough is Enough

By Keri Bennett Employers everywhere often wonder when an employee’s “innocent” or no-fault absences reach a level that warrants termination. Can these employees ever be fired? Yes, is the answer from one New Brunswick labor arbitrator in Canadian Union of Public Employees, Local 1252 and Vitalité Health Network. Facts A nurse at a hospital in […]

Moments Like This

Litigation Value: It’s been quite a season. ‘Nuff said. We’re into the summer re-run season, and I’m still rolling with my love of the top-10 list. And even though we missed Michael Scott this season — oh, how we missed him — our favorite crew of paper salesmen and women definitely delivered their share of […]

Mentoring at Work

Mentoring Lets Employees ‘Stand on the Shoulders of Giants’

It’s often said that employees are an employer’s greatest resource. That being the case, it’s no wonder many employers turn to mentoring — the linking of talented but inexperienced employees to proven leaders. Famed scientist and philosopher Sir Isaac Newton has been quoted as saying, “If I have been able to see further, it was […]

Québec Contractors Can’t Have Their Cake and Eat It Too

by Marie-Julie Lanctôt For a variety of reasons, more and more employees want to create companies to provide their services as contractors, rather than employees. Such services will often be identical to those that were provided when the individual was an employee. Subject to a tax, employment insurance or Canada Pension Plan audit, that may […]

iPlaintiff

Litigation value: Ryan gets nothing today, but in a few years ….. who knows? The ADA Amendments Act of 2008 (ADAAA) significantly broadened the ADA’s definition of disability. Ryan had me asking myself how much during last night’s rerun episode, Trivia. During the trivia contest, the organizers confiscated Ryan’s smartphone. Ryan held out for all of eight seconds before deciding that he would rather be ejected from […]

Calculating overtime for employees

Employers That Ignore Overtime Eventually Pay the Price

First, employers must determine whether a nonexempt employee has accumulated enough hours worked to become entitled to overtime pay. Now, let’s assume that the employee has worked enough hours and the issue is how much overtime must be paid. Mastering HR Report: Overtime Count on me Normally, calculating overtime is a pretty simple mathematical exercise […]