Tag: Employment law

Reflections on a Repeat

NBC trotted out a repeat — St. Patrick’s Day — last night. My colleague, Jaclyn West, wrote an excellent piece focusing on work-life balance when the episode originally aired back in March. Jaclyn’s post made me think about potential wage-hour issues that arise when employers demand long work days. It’s no secret that wage-hour litigation is a […]

‘Unable to Socialize’ Doesn’t Necessarily Mean ‘Unable to Work’

by Jonathan C. Sterling If an employee whose job involves talking on the phone and using a computer states under oath that he is unable to perform those tasks because of a disability, it’s logical to assume he can’t do his job. However, as a recent federal appellate court decision demonstrates, that may not always […]

Advertising Requirements Before Hiring Foreign Worker

By Gilda Villaran In our January 4, 2010, article titled Obtaining a Work Permit in Canada: The Labour Market Opinion Process, we explained that in order to get a work permit for a foreign worker, an employer in Canada generally must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and […]

Eleventh Circuit Decision Is Immigration Bombshell for Employer

Immigration reform appears to have stalled yet again, but the legal implications for employers have not. Back in 2005 and again in 2006 there was a novel case in which legal employees used a law designed to target organized crime to sue their employer over its use of illegal employees. The case bounced around the […]

Employee Awarded $500,000 for Bad Faith Termination

By Donna Gallant As we reported four weeks ago (Shocking Arbitration Decision in Ontario), a prominent Canadian arbitrator recently ordered the Greater Toronto Airports Authority (GTAA) to pay more than $500,000 in damages, finding that it failed to take reasonable steps to ascertain the truth about an employee’s medical condition and fired her for sick […]

Liar, Liar, Pants on Fire

Litigation Value:  training management on whistleblower protections — $10,000; settling customer claims due to the flaming printers — more than Sabre would like to think about; finding out Holly’s coming back — priceless. The printers aren’t the only things heating up at Sabre. Jo’s mission to root out the whistleblower had more than one person […]

Donning and Doffing Uniforms at Home May Not Be Compensable

by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]

Physical Ability Test Lands Employer in Hot Water

by Hillary J. Collyer As a good employer, you certainly have the right to make sure your employees are physically capable of doing their jobs. Thus, you may require an employee to undergo a medical exam when you have legitimate objective concerns about her continued ability to do the job. That’s fine if the exam […]

Ensuring the Ongoing Strength of Canada’s Retirement Income System

By Lyne Duhaime There are lots of recent activities in the pension field at the federal level in Canada. The government’s actions in the past 12 months constitute the most important reform of federal pension laws since the 1980s. Here’s a quick overview. It started on January 9, 2009, when the government of Canada released […]

When an Employee Wants to Resign but Continue Working

by Susan Hartmus Hiser Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if […]