Blog
Are Your Employees Audiotaping or Videotaping at Work?
November 17, 2017
Apparently, employees believe that it is a fundamental right to have a cell phone at work and to record freely conversations or videotape during working time. There is no inherent right to (1) have a cell phone at work and (2) audio and/or videotape conversations or activity at the workplace.
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Not Liking Your Internship ≠ Compensable Work
November 16, 2017
I was flabbergasted by a recent case in which an intern sued a nursing and rehabilitation center because she was unhappy with her internship! That’s right, she was so displeased with what she did in her internship that she brought a federal case!
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U.S. Supreme Court Update
November 13, 2017
The new term for the U.S. Supreme Court began in October. So far we know that the Court will revisit two labor and employment issues from 2016 and rule on a class/collective action issue that is important to employers.
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U.S. House of Representatives Passes Bill Limiting Definition of Joint Employer
November 10, 2017
On Tuesday, November 7, 2017, the United States House of Representatives passed legislation to limit the definition of “joint employer.” The bill, entitled the Save Local Business Act, is a direct response to Obama-era administrative action by the National Labor Relations Board and the Department of Labor (DOL) broadening the joint employer standard to include employers who have potential or indirect control over employees.
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Veterans Day (Fictional) Mailbag: A Veteran, A Disabled Individual, And An Olympic Athlete Walk Into A…
November 10, 2017
Today is Veterans Day and we thank the men and women who are or have served in armed forces of the United States by responding to a (fictional) mailbag question that, fittingly, has something to do with veterans.
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Employee Warning – GlassDoor Posts May Not Always Be Anonymous
November 9, 2017
My clients are often frustrated by the anonymous (and, frankly, sometimes untruthful) postings on GlassDoor, which is a website where employers and employees can post information about their companies.
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Ontario’s Court of Appeal Strikes Down Yet Another Termination Clause
November 9, 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 9, 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 9, 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 8, 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 2, 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
November 1, 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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