Tag: Employment law

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 […]

Make the Workplace a Drama-Free Zone

By Marie G. McIntyre, Ph.D. Do you have a drama queen (or king) in your office? For these employees, a calm, peaceful workday is simply not very rewarding, so they try to spice things up with dramatic pronouncements, juicy gossip, ominous rumors, personal traumas, or emotional breakdowns. Why drama queens act that way Some dramatic […]

Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]

Ex Gratia Payments in Pension Plan Allowed

By Lyne Duhaime On June 21, 2011, in Canadian Jewish Congress v. Polger, the Court of Appeal of Quebec overturned a decision of the Superior Court that had ordered an employer to pay millions of dollars in pension benefits based only on an alleged practice and without proper written documentation to that effect. The pension […]

Cheerio, David Brent!

Although we know that Robert California (played by James Spader) will be coming on board next season, we at F&H are still sifting through the other candidates. Who knows? Maybe the selection committee will be able to find a role for them, too. Today I’d like to talk about my favorite candidate from across the […]

Office of Special Counsel Aims at Fed Agencies with USERRA Project

A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember […]

Using Attendance Policies to Minimize Chronic Absenteeism at Work

by Joseph C. Pettygrove Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday […]

Social Media: NLRB Eyeing Employer Policies

Employer workplace policies on social media are being scrutinized in more than 129 cases before the National Labor Relations Board (NLRB), says a study from the U.S. Chamber of Commerce. This data wasn’t just handed to the Chamber. Rather, the group submitted a Freedom of Information Act request to the NLRB “seeking copies of all […]