Adopt a Formal Flextime Policy
Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.
Tag: Employment law
Overtime Class Action Claims: The Second Wave?
By Sara Parchello Overtime class actions in Canada aren’t dead. If you thought that last year’s court decision refusing to certify the class action against one of Canada’s largest banks, CIBC, meant the death of such lawsuits in Canada, think again. These lawsuits — in which one or several employees act as a “representative plaintiff” […]
No Guinness for You!
Litigation Value: Probably neglible, seeing as no one seemed to be offended by Michael’s Irish jokes, and Michael himself looked slightly flattered by the long hug with Todd “PacMan” Packer and Meredith. Who knew that St. Patrick’s Day was such an important holiday at Dunder Mifflin? This week on The Office, we saw our favorite regional […]
EEO Training Makes Economic Sense for Employers
by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]
Salesperson Not Subject to Administrative Exemption from Overtime Pay
by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]
Notice Periods for Older Employees – 69-Year-Old Gets 24 Months
By Dominique Launay In Quebec, an employer may fire an employee with “reasonable notice” of termination or pay in lieu of notice unless there’s a contract dealing with termination or there’s “just cause” for dismissal (and save for specific statutory regimes). Like the rest of Canada, reasonable notice is determined on a case-by-case basis taking […]
Baby, Baby, Please
Litigation Value: Not much. With collective attentions devoted almost entirely to the miracle of childbirth, the Scranton branch didn’t leave us much to work with tonight. Whereas Dwight Schrute’s senseless destruction of Jim and Pam Halpert’s kitchen cabinetry exposes him to a cornucopia of civil and criminal liabilities in his own right, it’s unlikely that […]
Making the Case for Keeping HR
In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]
Male-Male Sexual Harassment Claims on the Rise
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]
Junior Employees Owe Duty of Good Faith, Too
By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]