Tag: Employment law

Working while on vacation, home office injuries, and tandem lay-off meetings

Employees go on vacation, but business doesn’t stop. So sometimes workers are asked to put in time when they’re expecting to be kicking back at the beach. Working from home is a popular arrangement, but what are the workers’ compensation implications when an employee is injured in a home office? Lay-off meetings are never easy, […]

Another shot across the bow: NLRB challenges ‘at-will’ statements

by Jeff Hurt Nonunion employers must be scratching their collective heads over the recent shelling they’ve been getting as the National Labor Relations Board (NLRB) seeks to make union organizing easier: proposed labor law posting requirements, “quickie” election rules, and strict limitations on employer social media policies. While some of those initiatives are on hold, […]

When what’s good for business isn’t good employment law: What warrants termination for cause?

by Kyla Stott-Jess Is a Canadian employer justified in terminating an employee for cause when that employee has disobeyed company policy? What if the consequences of the employee’s failure to follow policy put other employees at serious risk of harm? Not necessarily, said the Ontario Supreme Court recently in Barton v. Rona Ontario Inc. Rather, […]

What NOT to wear to an interview

Litigation value: $0.00, but only because Pete has a conscience and Daryl is a cinephile. In last week’s season premier, new guy Pete was compared to Jim, while other new guy Clark was compared to Dwight. I’m all good with the former comparison, but the latter is waaaay off. Dwight beds his women using blunt […]

NFL lockout hits pay dirt with employment lessons

By Michael P. Maslanka Editor’s note: Fall is here, and for a lot of die-hard fans, that means just one thing — it’s football season. But the first three weeks of this football season were marred by a referee lockout that meant a lot of bad calls and missed penalties by the replacements. Many commentators […]

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 […]