Tag: Employment law

You Just Can’t Compete With a Good Noncompete

By Jaclyn McNamara and Marisa Victor Your employees have access to all kinds of sensitive company information. But what can you do if they leave and use that information to unfairly compete against your company? An Ontario court, in Corona Packaging Inc. v Singh, recently confirmed that you might be able to prevent that competition […]

Taking Environmental Sensitivities Seriously

By Lindsey Taylor The issue of employees with environmental sensitivities often arises for Canadian employers. Most commonly, employees complain about sensitivities to strong scents such as perfume. Human rights laws in many provinces accept that environmental sensitivities may be disabilities, to which the duty to accommodate to the point of undue hardship may apply. This […]

Temporary workers and workplace safety

Temporary workers and OSHA

by John Hall Who is responsible for compliance with the Occupational Safety and Health Administration (OSHA) when temporary or leased employees are involved? Is it the agency supplying the employees or the client employer for whom they are working? Through interpretive letters and compliance directives to staff, OHSA asserts that it can be a shared […]

Battening Down the Hatches to Avoid FLSA Overtime Excesses

The arrival of summer is also a harbinger of weather-related emergencies for many communities. For example, the Atlantic hurricane season kicks off at the beginning of June and barrels toward a peak in late summer and early fall. But with such storms comes the potential for unplanned overtime for police officers, firefighters, ambulance drivers, emergency […]

Working longer and retiring later

It’s not your father’s (or mother’s) retirement anymore

If employers could consult a crystal ball to see what the workplace will be like 10, 20, or more years down the road, they might see an older workforce in their future. As many aging baby boomers decide to continue working for a few — or several — years past the traditional retirement age, employers […]

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 […]