Practical HR Tips, News & Advice. Updated Daily.
By Marisa Victor and Yael Wexler Noncompetition clauses in employment contracts are difficult to enforce in Canada. Courts tend to regard them as unreasonable restraints on trade. Any ambiguity usually will be fatal. Nor will the courts generally use a “blue pencil” to remove ambiguous words. This was made clear in the recent appellate decision […]
Final rules that will govern the state-based insurance exchanges created by health reform include more detailed privacy and security requirements for the exchanges themselves and participating insurers. These restrictions also will apply indirectly to agents, brokers and others involved in this process. In the rules, published March 27 (77 Fed. Reg. 18310), the U.S. Department […]
Litigation Value: California and his cohorts swimming nude in front of employees = far too much to calculate; Andy trying to get his “monog” on = one trip to the hospital for an oxygen-deprived Dwight; and Kevin getting to create a party without the party planning committee’s input = priceless. This was certainly not our […]
by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]
An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]
The U.S. Supreme Court recently heard oral arguments regarding a challenge to the massive health care reform law, the Patient Protection and Affordable Care Act (PPACA), enacted in March 2010. The Court revealed how important it considers this case by hearing around six hours of oral arguments over the span of three days, when it […]
Despite a trend toward employers embracing flexibility in the workplace as a way to improve work-life balance, most employers have expectations related to their employees’ schedules. In some workplaces, rigid schedules aren’t necessary as long as the work gets done. In others, shifts are firm and when someone needs time off, a request is made […]
By Ralph N. Nero and Fida Hindi Canadian employees are entitled to all sorts of leaves – maternity leaves, parental leaves, sick leaves, emergency leaves, leave for the disappearance of a minor child, and the list goes on. Now Ontario may be joining Quebec by creating yet another new category of leave of absence for […]
Litigation Value: None, though as a practical matter, Dunder Mifflin may have to make good on all those raises Nellie promised. As tonight’s episode is a rerun, I thought I’d go back and review the March 15th episode (“Get the Girl”) that we managed to miss somehow. (For a recap of tonight’s repeat, “Mrs. California,” check out […]
The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it […]