Tag: Employment law

Obtaining a Work Permit in Canada: The Labour Market Opinion Process

By Ingrid Anton and Isabelle Dongier As we mentioned in a November article, most foreign workers require a work permit to legally work in Canada. And to get a work permit for a foreign worker, the prospective Canadian employer must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and Skills […]

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Tips for Minimizing Risk When Cutting Labor Costs

by Mark Wiletsky Although we’re beginning to see signs of an economic recovery, many organizations are still grappling with how to stay competitive in this challenging environment. Layoffs, furloughs, and other methods used to cut personnel costs are often part of the equation. But the savings gained by those cost-cutting measures can be lost if […]

Drug and Alcohol Testing – What’s Permitted in the Canadian Workplace

By Hadiya Roderique Last year we reported on a case where a Canadian employer was ordered to reinstate an employee who had tested positive for marijuana following a verbal altercation with his employer. Why? Because drug addiction is considered a disability in Canada. And individuals who suffer from addiction are protected from discrimination under human […]

Does Temporary Layoff Result in Right to Severance Pay?

By Derek Knoechel In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff. While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. […]

Fair Pay Act Revives Police Employee’s Discrimination Claims

by Teresa A. Cheek The Third Circuit Court of Appeals recently issued a decision applying the Lilly Ledbetter Fair Pay Act — the first bill signed into law by President Barack Obama in January 2009. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination Facts Mary Lou Mikula was […]

NLRB May Make Significant Changes Even Without EFCA

The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also […]

Wal-Mart Allowed to Close Unionized Store: Supreme Court of Canada

By Marc Ouellet and Louise Béchamp On November 27, 2009, in two cases involving Wal-Mart (Plourde v. Wal-Mart Canada Corp. and Desbiens v. Wal-Mart Canada Corp.), the Supreme Court of Canada rendered its much-awaited decision on an employer’s right to close operations for alleged antiunion reasons. The Supreme Court decisions rule that Wal-Mart could close […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

Appalling Reference Issue HR Pros Should Watch Out For

by Michael B. Leahy Recently, our colleagues in California brought a shady — and possibly criminal — Web-based reference service to our attention. What we saw shocked us. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including hiring Every excuse in the book! CareerExcuse.com supplies fraudulent job references to employers […]