Tag: Employment law

Standing ovation for Adam Jones at Fenway

Last Monday, the Orioles made headlines for more than just their 5-2 win over the Red Sox at Fenway Park.  Orioles player Adam Jones reported that Red Sox fans called him a racial slur several times and threw a bag of peanuts at him as he was entering the dugout. Police reportedly ejected 34 people, […]

Upgrading your occupational health and safety management systems

by Cathy Chandler Two workers die each day in Canada from a work-related accident or disease. Hundreds more experience a work-related injury, according to the Association of Workers Compensation Boards of Canada 2015 Statistical Report. The statistics are not improving significantly despite an increased focus from regulators, unions, and industry associations on improving occupational health […]

Need to root out FMLA abuse? Requesting recertification a valuable tool

The federal Family and Medical Leave Act (FMLA) often enables employees dealing with serious health conditions to hold down a job while also attending to their medical issues. Used properly, it can be a win-win for both the employee and the employer. But many employers can tell war stories about challenges in administrating FMLA leave: […]

Whistleblower

Embrace Your Inner Whistleblower! A Strategy for Avoiding Retaliation Claims

There’s a huge divide between the whistleblower’s view of a situation and the legal analyst’s view, says attorney Brad Cave of Holland & Hart LLP in Cheyenne, Wyoming—and editor of Wyoming Employment Law Letter. If employers can “put on the whistleblower’s hat,” he says, they may be able to significantly reduce the risk of a […]

reject

10 steps to take before responding to a charge of discrimination

by Susan Hartmus Hiser After the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from an employee, it begins gathering information about the allegations of discriminatory treatment. That process includes asking the employer to provide relevant documents. Additionally, the agency typically will ask the employer to submit a position statement setting out its response […]

Probationary clauses: Devil is in the details

by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]

Nondisclosure Agreement

NLRA: Court Affirms Confidentiality Agreement Is Unlawful

Although confidentiality agreements that prohibit employees from discussing their salaries, benefits, or internal disciplinary investigations with other employees may sound reasonable, such policies generally violate federal labor law. A recent decision by the D.C. Circuit Court of Appeals affirmed that a Phoenix hospital’s confidentiality agreement was unlawfully restrictive of employees’ Section 7 rights under the […]

Fox News & Bill O’Reilly—best practices for conducting internal workplace investigations

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation.    Workplace investigations are tough, and if your organization can’t afford (or simply does not want) […]