Tag: overtime

Overtime Class-Action News

By Donna Gallant The much-awaited appeal decision in Fresco v. CIBC was released in September. The appeal court declined to interfere with the original decision of Justice Lax. She had denied Dara Fresco’s bid to bring a class action against CIBC for unpaid overtime. This is one of three high-profile cases we have been following, […]

10 Things HR Needs to Know about California Wage and Hour Laws

by Jim Brown and Marc Koonin Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to […]

Employers Facing Increased Scrutiny over Worker Classification

by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]

Toronto’s G20 Summit — Lessons for Employers about High-Security

By Patrick Gannon The G20 Summit of world leaders will be in Toronto June 26-27. The summit is expected to draw considerable attention and thousands of protesters from around the world. Like the Vancouver 2010 Winter Olympics, there will be intensive security measures and lots of potential disruptions. As the summit will be held at […]

Did Employer’s Overtime Policy Create Unworkable ‘Catch-22’?

By Lorene Novakowski and Derek Knoechel As was noted in an earlier article here, the Ontario Superior Court of Justice recently certified a class action against the Bank of Nova Scotia (BNS). That lawsuit claims $300 million in unpaid overtime involving approximately 5,300 BNS sales staff: Fulawka v. Bank of Nova Scotia (Fulawka). Certification means […]

Adopt a Formal Flextime Policy

Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

To What Extent Must Employees’ Family Obligations Be Accommodated?

By Dominique Launay Your employee is a single parent. He has to drop his children off at school each morning. They can’t be dropped off earlier than 9 a.m. He has to be back at the school by 5 p.m. to pick them up from their after-school care. He has no family to assist him. […]

DOL’s Agenda Focuses on Safety and Wages

Labor Secretary Hilda L. Solis has announced the U.S. Department of Labor’s (DOL) regulatory agenda for 2010, saying, “Protecting wages and working conditions for workers is key to the mission of our department, and ensuring that workers have a voice on the job is also vital.” The agenda is expected to satisfy many union demands. […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]