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According to a recent study, uneven enforcement of the Fair Labor Standards Act — lax in some places and more stringent in others — leaves employers confused about the extent of their liability for wage and hour violations. The study, released by the Nelson A. Rockefeller Institute of Government, calls for more enforcement consistency to […]
By Sean McGurran and Marisa Victor The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. It provides a good lesson on how employment law in Canada will come to the rescue of a wronged employee. Background The case involves […]
Litigation Value: Wait, Dunder Mifflin might actually be a plaintiff in an employment dispute? In a surprising turn of events, the company may have claims against Andy Bernard for stealing a major client and against Jim and Dwight for stealing from the company. Not surprisingly, Dunder Mifflin is looking at liability ($150,000+) for Robert California’s […]
Employee benefits other than wages have evolved over the years as companies look for new ways to retain good employees, boost employee morale, and encourage employee loyalty. Each year, we at HRHero and BLR survey our readers to find out what benefits they offer and how their benefits plans are decided and change to fit […]
By Jessica Webb-Ayer, J.D., BLR Attorney Editor The U.S. Supreme Court recently heard oral arguments on challenge to the massive health care insurance reform law, the Patient Protection and Affordable Care Act (PPACA), enacted March 2010. Although there’s no crystal ball to tell us how the justices will inevitably rule, the oral arguments did provide […]
Employers and employees have seen gas prices rise to alarming levels, then ease a bit only to head back up again in a seemingly endless cycle. While pump prices hover in the $3 to $4 range, forecasters hint that $5 a gallon or higher prices may be in the future. The direction gas prices will […]
By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]
Litigation Value: Not much from this episode, but hopefully Dunder Mifflin will recognize the problems associated with socializing with an ex-employee. This week’s episode illustrates some of the dangers of a disgruntled ex-employee. A recently fired Andy and his newly blossoming life crisis take center stage at a local fundraiser. After a great cold open where […]
by Jennifer L. Anderson A federal court in New Orleans recently paved the way for the Equal Employment Opportunity Commission (EEOC) to move forward with an Americans with Disabilities Act (ADA) lawsuit on behalf of a severely obese employee. Whether obesity is a disability under the ADA and what an obese employee must prove to […]
A New York-based luxury nail salon apparently wasn’t very polished in contending that its illegal immigrant workers were not subject to the Fair Labor Standards Act. After a federal district court pointed out clear case law to the contrary, the salon was ordered to pay $235,920 in damages and back wages to 32 employees. The […]