Blog

Ontario’s Court of Appeal Strikes Down Yet Another Termination Clause
November 8, 2017
Recent decisions from the Ontario courts have not been kind to employers seeking to limit employees’ termination entitlements through written agreements.
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Preferential Treatment for Employees with Active WSIB Claims not Discriminatory
November 8, 2017
The Human Rights Tribunal of Ontario (the “Tribunal”) recently held that it is not discriminatory for employers to treat disabled workers with active WSIB claims more favourably in the accommodation process than disabled workers without such claims.
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Overtime Averaging: No Notice, No Harm, No Foul
November 8, 2017
In a recent decision, the Divisional Court refused to grant damages to a terminated employee for an employer’s failure comply with legislative requirements regarding overtime averaging.
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Think Sexual Harassment Just Happens in Hollywood? Think Again.
November 7, 2017
Harvey Weinstein. Bill O’Reilly. Kevin Spacey. The rapid pace of sexual harassment allegations against high-profile figures in recent weeks could make an observer think that sexual harassment is an issue confined to the entertainment industry, the media, sports, and politics.
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EEOC Highlights New Types of Race Discrimination
November 1, 2017
I was recently perusing the latest edition of the Equal Employment Opportunity Commission’s federal sector Digest of Equal Employment Opportunity Law and came across an interesting article, “Race Discrimination in the 21st Century Workplace,” by EEOC attorney Paula Rene Bruner.
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DOL Appeals Overtime Rule Decision
October 31, 2017
The U.S. Department of Labor filed notice with the Fifth Circuit Court of Appeals Monday, October 30th, appealing the decision that blocked implementation of the overtime rule that would have more-than-doubled the salary threshold for exempt employees.
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EEOC Sues 71 Employers In September
October 26, 2017
FY 2017 (Sept. 30) ended with the EEOC filing 71 lawsuits, the highest number in any one month we have ever reported. Thirty of those lawsuits alleged ADA violations and five alleged pregnancy discrimination. Thus, virtually half of all lawsuits alleged discrimination based on medical conditions.
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Update on the Volatile State of the Affordable Care Act
October 26, 2017
A couple weeks ago, President Trump took a major step in dismantling the Affordable Care Act, or "Obamacare,"when he announced his Administration would stop providing federal subsidies to health insurers that help provide insurance coverage to millions of low-income Americans.
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New York Labor and Employment Law Update
October 25, 2017
The past few weeks have seen a flurry of new developments in the New York labor and employment law landscape. A summary of these new developments is below.
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Employers are Optimistic About Pro-Business Changes at the EEOC
October 25, 2017
Employers are hopeful that, with the confirmation of President Trump’s nominees for the Equal Employment Opportunity Commission, the agency will adopt a more business-friendly approach to the issues before it.
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Be Careful of What You Say About Your Former Employee…
October 24, 2017
Many savvy employers know that a neutral reference policy – in which you confirm a former employee’s position, dates of employment and (maybe) salary – is typically the safest choice for avoiding a defamation claim.
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Minnesota Supreme Court Allows Private Cause of Action for Employees Terminated for Refusing to Share Tips & October 2017 Updates in Labor and Employment Law
October 22, 2017
On October 11, 2017, the Minnesota Supreme Court held in Burt v. Rackner, 2017 WL 4532933 (Minn. 2017), the Minnesota Fair Labor Standards Act (MFLSA) grants an employee a private cause of action for wrongful discharge when terminated for refusing to share gratuities.
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