Tag: Employment law

Who’s In Charge Around Here?

Litigation Value:  $0.00 Who’s the boss? In the opening scene of the “Viewing Party,” the staff is crowded around a TV in the conference room watching local coverage of the Scranton Strangler. Gabe walks in and directs everyone to return to work. They ignore him. Later, in the kitchen, Kevin refers to Gabe as Michael’s “boss” . . . […]

Wal-Mart’s Follow-Up: A Consolation Prize for Unions?

By Chris Semerjian The Quebec Superior Court recently upheld an arbitration award against Wal-Mart regarding the  closure of its store in the town of Jonquière in 2005. That closure is now also affecting Wal-Mart elsewhere in Canada. The Saskatchewan Court of Appeal recently indicated that Wal-Mart’s actions in Quebec possibly could be perceived as an […]

Wave of NLRB Decisions Offers Valuable Insights for Employers

by David M. Stevens On September 30, in one of its most prolific moves of 2010, the National Labor Relations Board (NLRB) issued 28 decisions addressing a variety of issues affecting labor-management relations and the scope of prohibited employer conduct in the context of union elections. With the addition of three new NLRB members, two […]

Not the Godfather

When the show started, I thought it was going to be a doozy, with Pam conducting Sabre’s Hygiene Day, but it quickly shifted to something far more, well, mundane — and far more complicated — personal relationships at work. No, not the intimate kind — rather, the kind where workers become friends, in some cases close friends, […]

Election Reflections from Dozens of Employment Law Attorneys

Tuesday’s election brought tremendous change to Congress and many state legislatures and swept in a number of new governors. Many of the promises made by these newly elected government officials will affect employers. Following the election, various members of the Employers Counsel Network took the time to provide their insight on the local and national […]

Four States Approve Measures Ensuring Secret Union Ballots

In Tuesday’s election, four states — Arizona, South Carolina, South Dakota, and Utah — approved ballot measures that would guarantee employees the right to secret-ballot voting in union elections. We decided to ask employment law attorneys in each of the four states — all members of the Employers Counsel Network — about the outcome of […]

Accommodation of Family Status on Same Footing as Other Human Rights

by Ralph Nero and Ida Martin Do parents of young children have the right to refuse a geographic transfer? In the case of three employees at the Canadian National Railway (CNR), the Canadian Human Rights Tribunal (CHRT) has recently answered “yes.” Last month, the CHRT released three decisions dealing with three CNR employees, Cindy Richards, […]

Lady GaGa’s Door is Open

Litigation Value: More fodder for Darryl’s racial harassment claim and $1,000 to re-write Sabre’s Open Door Policy. Where to begin, where to begin? I knew as soon as I saw the Hallowe’en costumes that we were in for quite an evening. And I must say, I agree with Kelly — can’t Michael just let the employees […]

Debunking Common FMLA Myths

by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]

Overtime Class-Action News

By Donna Gallant The much-awaited appeal decision in Fresco v. CIBC was released in September. The appeal court declined to interfere with the original decision of Justice Lax. She had denied Dara Fresco’s bid to bring a class action against CIBC for unpaid overtime. This is one of three high-profile cases we have been following, […]