Tag: Employment law

The Play’s the Thing

Litigation Value: A jug of wine, and thou. Unless the bottle nicked by Michael Scott (and shared with some of his coworkers) contained a vintage beyond the norm for community theater events, we could limit our legal discussion to petty theft. But how instructive — or fun — would that be? With the most recent […]

Note to Supervisor: Consult HR before Approving FMLA Leave

We all know that an employee need not specifically state that she requires a leave of absence under the Family and Medical Leave Act (FMLA). What we don’t know is how much (or how little) an employee has to say in a particular situation to put the employer on notice that she is seeking FMLA […]

Blowing Holes in Collective Agreements

by Emilie Paquin-Holmested and Dominique Monet The Supreme Court of Canada, in Québec (Procureur général) c. Syndicat de la fonction publique, recently struck down a clause in a collective agreement. The clause in question prevented certain employees from challenging discipline through grievance arbitration. The Court declared the clause void because it contravened a statutory minimum […]

Promotion and Self-Promotion

Litigation Value: No liability to Dunder Mifflin/Sabre, but plenty of room for improvement in behavior, as always. In the second week of Season 7 of The Office, Sabre miraculously escaped without an obvious lawsuit. For this shocking development, I’m inclined to credit the fact that Michael Scott spent most of the episode locked in the […]

Individual Liability for Wage and Hour Claims

by Kara E. Shea I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability […]

Tippling in the Barrel of Untruth: How Not to Handle a Termination

By Stephen Acker and Joel Henderson Four years ago in Ottawa, the Federal Canadian Government nipped a nascent spending scandal in the bud when it fired two employees of the Canadian Department of Public Works, Douglas Tipple and David Rotor. Tipple successfully grieved his termination before the Public Service Labour Relations Board, winning the largest […]

Brawl in the Family

Litigation Value: Not much; yet. Kicking off Season 7, tonight’s premiere teaches us a valuable lesson — the perils of nepotism in the workplace. Nepotism in its simplest form is “favoritism” toward relatives, without regard to merit. Michael Scott’s misguided decision to employ his jackwagon of a nephew, Luke, as an office assistant illustrated nearly […]

For Marijuana Workers’ Union, Hope Sprouts Eternal

by Mark I. Schickman You may have heard that California is going broke. As we look for more ways to generate revenue, one idea keeps cropping up: Move marijuana out of the underground economy and develop a new tax-generating agricultural product. Medical marijuana clubs have sprouted all over the state, and the November general election […]

Must an Employer Grant Permanent Intermittent FMLA Leave?

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]

Foreign Employee Working at Canadian Affiliate Entitled to Large Severance

By Bruce Grist and Derek Knoechel The transfer of employees from foreign-based companies to Canadian-based affiliates is an increasingly common feature of the Canadian labor market. Many employers are familiar with the often complicated process of obtaining the necessary work permits for such employees at the beginning of the transfer. However, ending the relationship between […]