Tag: Employment law

Retaliation Roulette (a game we don’t want to play)

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Fair Labor Standards Act is no exception. The Labor Department’s Wage and Hour Division takes the anti-retaliation provisions of the FLSA seriously enough that it released a fact sheet (WHD Fact Sheet #77A) in December […]

OFCCP Gives Employers Until Feb. 21 to Respond to Quota for Hiring Workers With Disabilities

Federal contractors  have an additional two weeks — until Feb. 21 — to respond to the Labor Department’s proposal establishing goals for hiring workers with disabilities. In December, Labor’s Office of Federal Contract Compliance Programs released proposed regulations that would require federal contractors to aim to have 7 percent of their workforce be individuals with […]

Mo’ Money! Statutory Termination Can Lead to Common Law Damages

By Marisa Victor and Sean McGurran Following a recent decision by Ontario’s highest court, employers across Canada may now be on the hook for more termination pay when nonunion employees are laid off for an extended period. In the recent decision of Elsegood v. Cambridge Spring Service (2001) Ltd. (Elsegood), the court concluded that when […]

Caught Red-Handed and Breastfed

Last night’s episode, Jury Duty, involved scandalous improprieties, shrewd cover-ups, relentless investigations, and dramatic public confessions. Agatha Christie would have been proud, although Scranton’s twist on these themes might have left her a little confused. It took Dwight only a few minutes to dismantle Jim’s lie about having been on jury duty for a full […]

EEOC Finalizes Employer Recordkeeping Rules Under GINA

The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by […]

School for Scandal: Hearst Corp. Latest Company to Be Sued by an Unpaid Intern

By Liza Casabona Thinking that an unpaid intern might provide an answer to payroll your budget woes? Think again. Several recent, high profile lawsuits filed by interns underscore the risks faced by companies sponsoring unpaid internships. The Hearst Corp. is among the latest companies to be accused by interns of wage and hour violations. The […]

Congress, Stakeholders Challenge OFCCP’s Proposed EEO Quota

Members of Congress are questioning whether the Department of Labor has the authority to require employers to set goals for hiring hiring disabled workers. The inquiry concerns the propriety — and practicality — of proposed rules announced late last year by DOL’s Office of Federal Contract Compliance Programs requiring federal contractors to institute hiring goals. […]

Demotion Inappropriate Response to Poor Performance

By David T. McDonald “Cause” for termination is a difficult standard to meet in Canada. So what are your alternatives if you don’t have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods (2003) Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court has recently said a demotion may not be a proper […]

Some Friendly Advice

Litigation Value: Nada, Zero, Zilch. Interview Advice: Priceless. No “Office” last night, fellow Scrantonites! (Scrantonians?) I didn’t know what to do with myself all evening. And since we don’t have a new episode – or even a rerun – to discuss, I did what I do best and made a list. Top 10 Things NOT […]

Allowing Gambling at Work: A Good Bet or Bad Odds?

By Celeste Blackburn Are your employees gambling at work? With the Super Bowl and NCAA basketball tournaments coming up, it’s almost a sure bet that at least some employees are gambling on sports during company time, using company equipment. Sometimes, employees don’t wait for major sporting event to gamble, instead betting on the Oscars, American […]