Category: Northern Exposure
Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.
By Rosalind Cooper For years employers across Canada have struggled with the difference between independent contractors and employees. Individuals believed to be independent contractors are often classified as employees after their relationship ends, leading to liability for employment-related severance and other amounts. The courts, human rights tribunals, and other administrative tribunals are constantly grappling with […]
By Christopher Ferguson and Stephen Acker In 2010, Jen-Hsun Huang’s salary was $1. No, he’s not a fresh-faced intern. Rather, Huang is the CEO of Nvidia Inc., the graphics and mobile chipmaker with Intel-sized ambitions. In that context, $1 seems like a meager reward. You would imagine that out of the firm’s $844 million in […]
By Clayton Jones and Derek Knoechel The common wisdom is that Canadian courts are much more willing to enforce nonsolicitation clauses in employment contracts than noncompetition clauses. While this may often be the case, nonsolicitation clauses will still be closely scrutinized by the courts. Two recent cases from British Columbia emphasize the danger for employers […]
By Jennifer Shepherd and Gulu Punia It’s a common question. A Canadian employer is restructuring and an absent employee is affected. Can the employer fire the employee if he or she is on disability or other leave? A recent Federal Court of Canada decision, Tutty v. MTS Allstream Inc., has confirmed that the answer is […]
By Sébastien Lebel and Chris Semerjian Canadian employers have many ways to monitor and control their business operations. However, new technologies — if misused — may lead to violations of employees’ rights. In particular, this raises the question of the extent of employees’ right to privacy. The monitoring of business operations may involve only buildings […]
By Maria Giagilitsis Along with the extraordinary benefits accompanying today’s rapidly advancing technology comes an increasing vulnerability for Canadian employers who strive to hire the “best of the best” information technology groups. On the one hand, “wizard like” computer skills are an invaluable asset — they can lead a company’s growth while sharpening its competitive […]
By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]
By David McDonald Most Canadian employers are familiar with what they can and can’t do when they’re the target of a union-organizing campaign. Labor legislation across Canada prohibits management from terminating or disciplining employees because of trade union affiliation while a union is attempting to gain representational rights. A recent decision from British Columbia, Playtime […]
By Alix Herber and Hadiya Roderique Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions. Data from the Ontario Human Rights Commission for 2007-2008 and 2008-2009 […]
By Gilda Villaran How can an American resident become a Canadian citizen? Only permanent residents of Canada can apply. Therefore, one must start with applying for permanent resident status. There are various ways to become a permanent resident of Canada. This article will focus on those who apply in the “economic class.” For those applying […]
