Tag: Employment law

IRS issues guidance on opt-out payments for affordable ACA plans

by Ajay Gogna The IRS recently issued guidance on the application of various provisions of the Affordable Care Act (ACA) to employer-provided health insurance coverage, including guidance on how employer offers of “opt-out” payments to employees are treated for purposes of determining whether healthcare coverage is affordable. Analysis of the guidance The ACA requires applicable […]

Terminating the walking dead employee: What would Negan do?

Like many of you, I am still reeling from last night’s brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad harsh; second, he could really use some training on positive motivation techniques; and […]

New accessibility laws coming for federal sector

by Jackie VanDerMeulen Laws aimed at making organizations more accessible for Canadians with disabilities have been enacted by various jurisdictions across Canada in recent years. The federal government recently announced that it also plans to introduce legislation to promote accessibility. It will apply to federally regulated employers, such as banks, cross-border transportation providers, and telecommunications […]

After-hours e-mail: Boost to productivity or trigger for burnout?

Finding the right balance between work and personal time can be tough, but it’s especially challenging when the e-mail from the office never stops. Even when the volume of off-hours messages isn’t enough to be a serious time drain, it still interrupts personal time. So can just the nagging thought that an e-mail from the […]

No more pizza party rewards for safe work

by Eric J. Conn The Occupational Safety and Health Administration’s (OSHA) new e-record-keeping rule, formally titled “Improve Tracking of Workplace Injuries and Illnesses,” has created quite a stir for employers. The rule requires employers to electronically submit their injury and illness data, which the agency will then publish online for all the world to dissect. […]

Going down the class-action Tran-Canada Highway

by Kyla Stott-Jess and Mitchell Barnard The phrase “class action lawsuit” can strike fear in the executive ranks of any large company. The development of class action law in in the employment context has been slower north of the 49th parallel than in the United States. Recently, though, a line of cases has been paving […]

Uber

Sharing is caring: Are Uber, Lyft drivers independent contractors?

by Ryan B. Frazier Whether workers are properly classified as employees or independent contractors has been an increasingly hot topic in discussions about the American labor market. Independent contractors are deemed to own their own business, making them responsible for covering most of their own business expenses, taxes, and costs. Worker classification is governed by […]

Solid job descriptions vital when dealing with hidden disabilities

Today’s employers are usually well aware of their responsibility to protect employees from unlawful discrimination based on disability. But what about the disabilities that are unseen and often misunderstood? How can the employer do right by the employee and still keep the work on track? Those questions don’t have easy answers, but focusing on time-honored […]

Hurricane

Hurricane season brings unique employer issues

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here are just a few of the questions employers are asking.  1.  Does the Fair Labor Standards Act (FLSA) require me to pay […]