Tag: Employment law

California

Was CBA Sufficient to Compel Arbitration of California Nurse’s Wage and Hour Claims?

A nurse filed a class action lawsuit against her former employer alleging wage and hour violations, including failure to provide meal and rest breaks and pay overtime. The hospital asked the court to compel arbitration, relying on arbitration provisions in a collective bargaining agreement (CBA). Read on to see if the court granted the employer’s request.

EEOC issues fair warning to employers in its 2017-21 SEP

by Michael Barnsback In September 2012, the Equal Employment Opportunity Commission (EEOC) announced its 2013-16 Strategic Enforcement Plan (SEP). The SEP provided employers a clear road map of the EEOC’s enforcement priorities for the coming years. True to its word, the agency focused its enforcement efforts on the six substantive areas identified in the SEP. […]

ADA and Batman—by Robin

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcoholism and drug addiction present complicated issues under the […]

Diversity

Religious Discrimination Hazards on the Rise

Religious discrimination hasn’t been a major concern for employers in recent years. There’s little case law on the subject and religious-based complaints rank low in the government’s charge statistics. But recent trends call for a renewed look at the issues surrounding religion in the workplace, one expert says.

Seasonal employee not bound by noncompetition clause

by Matthew Larsen A British Columbia court recently explored a novel issue – whether a noncompetition clause is enforceable against a seasonal employee. Facts In See Thru Window Cleaners Inc. v. Mahood, 2016 BCSC 2134, the employer was in the seasonal business of window cleaning, gutter cleaning, and pressure cleaning. It employed most workers in […]

Getting medical excuse policies right: Know what kind of note you can require

Determining when an employee’s medical condition requires time off from work can get tricky. No one wants to require a worker too sick to be productive to come to work, but employers also have to be on guard against employees trying to use sick days to squeeze in a little extra vacation time.  Many employers […]

loan

Legal and practical pitfalls of loaning money to employees

by Raanon Gal and Glianny Fagundo Many employers have been faced with a valued employee who is undergoing financial hardship asking for a pay advance or loan to help him get back on his feet. Employers are often tempted to give an employee a loan or pay advance because it seems like the right thing […]

Will & Grace reunited

Ever since the cast of Will & Grace reunited for a mini episode encouraging all of us to vote in 2016, the Internet has been in a frenzy about the possibility of a revival 18 years after the show first aired. In January, the news broke that NBC has ordered a 10-episode limited revival series […]

‘I quit … oh wait, I didn’t mean it!’

by Stefan Kimpton Employers don’t often enough think about the consequences of a heat-of-the-moment resignation. It is generally assumed that when an employee says “I quit” or storms out of the workplace, the employment relationship has come to an end and the employer owes no further obligations to the employee. Think again. As a recent […]