Archives

Going down the class-action Tran-Canada Highway

by Kyla Stott-Jess and Mitchell Barnard The phrase “class action lawsuit” can strike fear in the executive ranks of any large company. The development of class action law in in the employment context has been slower north of the 49th parallel than in the United States. Recently, though, a line of cases has been paving […]

Don’t let appearance policy trigger religious discrimination claims

Achieving a diverse workforce is a highly touted goal among employers. It’s a goal that drives recruiting as well as efforts to build company culture. But the details – the various policies and rules employers may adopt without considering risks—can be easy to overlook. One area not to be forgotten: dress codes and other appearance […]

How do ‘bathroom bills’ affect employers in other states?

by Joseph Godwin Much attention has been given recently to laws passed concerning transgender individuals’ use of public restrooms. Over the past few years, state legislatures have passed or proposed “bathroom bills” that generally require individuals to use the bathroom that corresponds to the gender listed on their birth certificate and prevent transgender individuals from […]

The digital natives are restless

by Mark I. Schickman Age discrimination threatens to be the most prevalent employment claim of the next decade. Baby Boomers are being forced out of the workplace in droves, while Millennials are reaching 40, the bottom rung of the protected class. Expect lawsuits from Millennials as they are squeezed between Baby Boomers reluctant to vacate […]

Fair Chance Business Pledge offers new way to evaluate applicants with criminal records

by Kaitlin L.H. Robidoux The White House is urging businesses to take the Fair Chance Business Pledge and commit to providing individuals with criminal records “a fair chance to participate in the American economy.” The idea behind the initiative is that individuals with a criminal history have trouble finding employment, and many communities are hurt […]

Identifying accommodations for employee who can’t use the stairs

by Michael J. Spooner Q What is considered a reasonable accommodation for an employee who can’t take the stairs during emergencies or because of maintenance issues with the elevator?  A While the Americans with Disabilities Act (ADA) doesn’t provide guidance regarding reasonable accommodations for an employee who is unable to use the stairs during an […]

Not your stereotypical sexual harasser: encountering sex-based misconduct at work

by Stefanie M. Renaud With the announcement of Gretchen Carlson’s (and, subsequently, several other female employees’) complaints about Fox News head Roger Ailes and his ensuing resignation, sexual harassment has recently been in the news. Although Ailes’ conduct somehow slipped under Fox’s radar, most other employers know that employee complaints about sexual harassment are a […]

Tips for Making Changes Ahead of the New Overtime Rule

As of December 1, 2016, the changes to the Fair Labor Standards Act (FLSA) overtime exemptions will go into effect. The main change facing employers is the salary level required for an employee to be considered exempt. Previously, the minimum salary required to meet the exemption requirements for most white-collar exemptions was $455 per week. […]

5 Tips for Employers to Effectively Manage Open Enrollment

Open enrollment season for employee benefits can be frustrating for employers and employees alike. Employees are often overwhelmed with information and need assistance. Employers dread the additional administrative work that comes anytime employee benefits are in flux.