Tag: Employment law

September 23: The First Step on Road to Health Care Reform Compliance

By Tamara S. Killion Groom Law Group, Chartered On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act into law. Among other things, the Act dramatically changes health insurance coverage, including employer-provided health insurance and employer-sponsored group health plans (together, “group health plans”). The law is complex and has many […]

Terminating Long-Absent Employees: ‘Frustration’ Isn’t Just a Legal Term

By Gulu Punia and Kyla Stott-Jess When an employee is absent because of long-term disability, employers naturally wonder how long they must wait before the employment contract has been “frustrated.” If it has, the employment contract can be terminated. According to the recent Ontario decision of Naccarato v. Costco Wholesale Canada Ltd., however, the question […]

Five Steps to Protect Your Company from Claims under New ADA

by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]

Quick, Name Biggest Workplace Legal Issue of 2010 So Far

What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations. But for many employment law […]

$300 Million Overtime Class Action Against CN Rail Gets Green Light

By Donna Gallant Michael McCracken’s claim against Canadian National Railway (CN) recently got the go-ahead to proceed as a class action. The third in a trilogy of high profile overtime cases in Canada, McCracken v. Canadian National Railway Company brings the score to 2 to 1 for certification of the class action — at least […]

Give ‘Em The Old Razzle Dazzle

Litigation Value: Training on Diversity and Harassment = $5,000; Settlement of Countless Employee Claims = a Shocking Amount; Years Worth of “That’s What She Said” Jokes = Priceless. With Michael’s final season quickly approaching, last night’s repeat got me thinking about all my favorite Michael moments over the seasons. While Michael can be a human resources […]

10 Things HR Needs to Know about California Wage and Hour Laws

by Jim Brown and Marc Koonin Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to […]

Move Afoot to Enhance Anti-strikebreaking Legislation

By Dominique Launay In British Columbia and Quebec, the use of replacement workers during a strike or a lockout is restricted. Replacement workers aren’t restricted in other Canadian provinces and the federal sector although they were banned in Ontario from 1992 to 1995. Quebec may be moving toward a more stringent law, as its anti-replacement […]

2010 Dundies

Litigation Value: A little recognition goes a long way, especially if there’s an unlimited bar tab… As the weeks roll by, we find ourselves closer and closer to the season premiere and Michael Stott’s last year at the office. But right now, we’re still in the midst of the long, hot summer, and last night was […]

Paycheck Fairness Act Update and Other Compensation Concerns

by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]