Tag: Employment law

Employer’s Obligation to Make Inquiries in the Duty to Accommodate Confirmed

By Mark Colavecchia The duty to accommodate is one of the most difficult issues Canadian employers regularly face. While courts across the country have attempted to define the scope of an employer’s legal obligations with a workable degree of certainty, the practical application of the duty to accommodate remains complex and problematic. The issue is […]

A Man of Great Confidence

With summer officially upon us, we resume the daunting task of helping the search committee sift through the would-be successors to Michael Scott. Turning our focus to outside candidates, this post evaluates a man whose ego is as big as the state for which he is named: Robert California. Delivering a Walken-esque performance, James Spader‘s […]

Playing hooky from work

Curb Summertime Blues with Good Absence Policies, Effective Rewards

Holy Ferris Bueller! Is it possible that some of your employees are calling in sick to have fun in the sun? It’s hard to quantify how many people play hooky from work just to enjoy beautiful, warm weather, but according to a recent CareerBuilder’s annual survey on absenteeism, 29 percent of workers took a faux […]

Supreme Court Raises Bar for Class Actions

In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the retail chain. Overturning a 9th U.S. Circuit Court of Appeals opinion, the Court found that […]

Appeal Court Overrides Extravagant Jury Award in Wrongful Dismissal Case

By Kyla Stott-Jess Canadian employers that fear large jury awards in wrongful dismissal cases can breathe a little easier in the wake of a recent Alberta Court of Appeal decision. In Elgert v. Home Hardware Stores Ltd., the court of appeal said a $500,000 jury award for aggravated and punitive damages in a wrongful dismissal […]

Dwight. Pray. Love.

Litigation Value: $0.00.  But Dwight needs to put at least $20 in the collection plate. Sometimes The Office does not take place in the office. Such was the case in this week’s repeat broadcast of “Christening,” which takes place on a Sunday at Jim’s and Pam’s church. As guests file in, Dwight Schrute hands out […]

unlimited vacation

Unlimited Vacation Policies: Pros, Cons, and Pitfalls

Unlimited vacation is a growing trend that may be a good way for organizations to provide an incentive or bonus to employees to reward them for good work without increasing salaries or providing bonuses or other kinds of incentives. The concept of unlimited vacation is very simple: Employees can take vacation, personal, and sick time […]

Canadian Decisions Blur Distinction between Employees and Independent Contractors

By Ralph Nero and Keri Bennett Employers in Canada have typically understood employees and independent contractors to fall into distinct legal categories. However, recent court and labor board decisions indicate that the traditional definition of “employee” continues to expand. Ontario court interprets health and safety obligations In Ontario (Labour) v. United Independent Operators Limited, Ontario’s […]

Bippity Boppity Give Darryl the Zoppity

Next on our list of possible candidates for Michael Scott’s recently vacated position is Darryl Philbin, also known as “Mittah Rogers” (but only by Michael). Darryl has come a long way since we first met him in Season 1 as he watched Dwight suddenly emerge from a box in the warehouse. Here’s my list of pros and cons for […]

DOL, IRS, Congress Want to ‘Help’ Workers Who Think They Are Misclassified as Independent Contractors

by Vaughn Burkholder and Tara Eberline What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent […]