Tag: Employment law

Snowball Effect of Wage and Hour Class Action Lawsuits

The Fair Labor Standards Act (FLSA), the federal law that governs wages and overtime pay, has been the topic of numerous articles in state Employment Law Letters.  We’ve reported on the rise of wage and hour lawsuits filed state courts and we highlighted what federal courts consider “acceptable terms” for an FLSA settlement agreement What […]

Road Trip Redux

Litigation Value: Nothing this week, at least not from an employment law perspective. But beware next year’s version of Recyclops. At the rate Dwight Schrute is going, he’s going to wreak some real havoc. This week’s repeat episode has Michael Scott and His Merry Men (Andy, Dwight and Oscar) off to New York — in […]

Background Check Program Upheld as Reasonable Exercise of Management Rights

By Hadiya Roderique In Canada, pre-employment background checks are generally permissible. With some exceptions in some provinces, these checks can include information about a candidate’s employment history, education, credit, fingerprints, and criminal record. Though Canadian employers can generally conduct such checks on potential or current employees if they have their consent, the legitimacy and permissibility […]

Job Posting

Alas, repeats. My able colleague, Jaclyn West, wrote about this week’s episode — The Chump — in her excellent post of May 14. But fear not. There is big news this week that demands its own post. NBC has confirmed that Steve Carell will leave The Office when his contract expires in 2011. Michael Scott’s seven-year reign as Scranton […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

At Age 20, ADA Still Hasn’t Fully Matured

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]

Preaching on the Job Results in Termination for Cause

By Dominique Launay Dealing with an employee’s religious beliefs is a delicate matter, not only for employers but also for tribunals. The case Friesen v. Fisher Bay Seafood and others, 2009 BCHRT 1 demonstrates the importance of employers fulfilling their duty to accommodate to the point of undue hardship. In this case, an employee was […]

The Wedding, Part II

Well, it’s a little difficult to write about the perils of working in Scranton with Michael Scott as your boss when the entire office is attending a wedding, but here goes. After watching last night’s repeat episode of Jim’s and Pam’s wedding, I can’t say that getting married to a coworker is always a bad […]

Criminalization of Employment Law: A New Risk for Managers?

by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]

Is Requiring Single Parent to Work Night Shift Family Status Discrimination?

by Ralph Nero and Ida Martin Can an employer require a single parent to start occasionally working the night shift? A recent board of arbitration decision out of Alberta answered — yes. This Alberta decision is the latest in our coverage of decisions wrestling with the workplace application of discrimination on the basis of family […]