Tag: Employment law

Medical assessment gives reasonable grounds for employee surveillance

by Mikaël Maher Surveillance may be an effective way for an employer to confirm or dispel their doubts about the legitimacy of a disability claim. But when is it legally permissible in Canada? In the recent decision Centre de santé et de services sociaux de la Vallée de la Gatineau v. Martin [1], the Quebec […]

Federal government slowly redefining joint-employer doctrine

In recent years, business relationships have increased in complexity. So, among all the independent contractors, franchises, joint ventures, and internships, just who is an employee? And which company—or companies—is the employer? Federal and state regulators are taking a new look at those questions and responding with new interpretations and new regulations. The federal government, in […]

Why your employee engagement efforts don’t work

by Brad Federman Bersin & Associates noted in 2012 that in the United States alone, we spend more than $720 million annually on improving employee engagement. According to sources such as the Center for Creative Leadership, PerformancePoint, Kenexa, and Gallup, between 58% and 90% of employees do not trust management, between 14% and 58% believe […]

FLSA

House Approves 6-Month Delay of Overtime Rule

By Kate McGovern Tornone, Editor The U.S. House of Representatives passed a bill September 28 that would delay new Fair Labor Standards Act (FLSA) overtime regulations by 6 months; a similar bill was introduced in the Senate the same day. Experts, however, say employers shouldn’t expect a reprieve.

What we learned: talent placement lessons from UT football and U.S. Ryder Cup team

Sports are about players making plays. Coaches and managers can break down film, scheme, and motivate all they want. But, when the game is on the line, execution is all that matters. As the ole ball coach said, “It’s not about the X’s and O’s, it’s about the Jimmy’s and Joe’s.” This truth was on […]

Day-rate dilemma: You still have to pay day-rate workers overtime

by Jacob M. Monty Do you pay any of your employees a daily rate? Do you think you’re saving money on overtime by paying a daily rate? If so, you’ve opened yourself up to liability for overtime lawsuits.  Day-rate employees are paid on a per-day basis as opposed to being paid a salary or an […]

What every employer needs to know before seeking background checks

by Kevin J. Skelly The federal Fair Credit Reporting Act (FCRA) and corresponding state laws impose obligations on employers that rely on certain background checks to make employment decisions. A recent class action lawsuit filed in New Jersey federal court should serve as a wakeup call for employers on the many pitfalls associated with conducting […]

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready to defend against a race discrimination lawsuit? Fortunately, there are steps every business can take to […]

Union blog’s sexist comments about manager constitutionally protected, not discriminatory, says court

by Nicole Singh Canadian tribunals have consistently ruled that communications by employees on social media can be viewed as an extension of the workplace. Improper communication on such platforms can therefore be considered a form of workplace discrimination under Canadian human rights laws. Discipline or termination can sometimes be appropriate. However, in the decision Taylor-Baptiste […]