Tag: Employment law

Social Media: NLRB Says Employees’ Job Complaints on Facebook Are Protected

An employer violated the National Labor Relations Act (NLRA) by firing five employees who complained on Facebook — off-hours — about their jobs, an administrative law judge for the National Labor Relations Board (NLRB) held. So the employer must do penance by rehiring them and making them whole for any loss of earnings and other […]

Employees, Public Criticism, and the Media

by Jean-François Cloutier Your employee makes critical comments to the press about your company. Is he a legitimate whistleblower or has he violated his duty of loyalty to his employer? In Chopra et al. v. Treasury Board (Department of Health), an adjudicator at the Public Service Labour Relations Board recently considered just that. He considered […]

At Work, Play Nice

In last season’s finale there was the following brief, fiery exchange between Kelly and Gabe. She was interviewing for branch manager, and he was doing a poor job of pretending to take her seriously. Gabe: “What are your weaknesses?” Kelly: “I don’t have any, asshole!” This raises the question: Is civility in the workplace important? […]

Employer That Retaliates Digs Its Own Grave

by Boyd A. Byers The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law. Mastering HR Report: Discrimination Courts receptive to retaliation Most employment […]

DOL Getting Strict on Child Farm Labor: Proposed Rules Due Sept. 2

Agricultural employers on the lookout for Fair Labor Standards Act’s child labor regulations for their industry can look no more — a new notice of proposed rulemaking (NPRM) that would revise those rules will finally be published in the Federal Register tomorrow. Agricultural employers have been awaiting these rules since final child labor rules for […]

Definition of ‘Employer’ Narrowed in Human Rights Context

By Kyla Stott-Jess Your employee is required to pass a drug test before being assigned to another company’s worksite. The employee fails the other company’s drug test and is denied the work. The employee can clearly file a human rights complaint against you as his or her employer. But can he or she go after […]

Vermont Drops Immediate Demand for Liberty Mutual Data

A quick update on the case involving the state of Vermont’s demand for claims data from Liberty Mutual’s group health plan — the state agreed to drop its immediate demand for this information, pending the ultimate outcome of the lawsuit. The state’s health and insurance agency had issued a subpoena for this data, and Liberty […]

Michael May Be Gone — But His Emails Go On!

Counting down the weeks until the new season of The Office starts. Tonight’s rerun episode — “Dwight K. Schrute, (Acting) Manager” — was first covered by my Office (and office) mate Jaclyn West; check it out, it’s a great read (http://blogs.hrhero.com/thatswhatshesaid/2011/05/14/straight-shooter/). Poking around The Office website on nbc.com, I came across a web exclusive: a […]

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]

Uncle Michael Wants YOU — To Be the New Boss

Another Thursday in August, another Office rerun. Rather than revisit “The Inner Circle” — ably covered by my Colorado colleague Matt Rita on May 6 — I thought I’d visit The Office website for some ideas. I came across a multiple-choice quiz designed to determine whether you have what it takes to be the boss […]