Canada: Québec: Harrassment Complaint In The Workplace And Internal Investigations – Does Procedural Fairness Apply?

In a recent case, the Quebec Court of Appeal overturned a Court of Quebec judgment and found that procedural fairness standards applicable to administrative law are not applicable to internal investigations into complaints of psychological harassment in the workplace.

Facts

The appellant was a college professor who was dismissed for psychological harassment of some of his colleagues. The respondent was selected to investigate two complaints of psychological harassment filed on behalf of two colleagues against the […]

By | January 16th, 2015 ||

United States: Employer Offering Coverage: The Multiemployer Plan Problem

As we move in to the first phase of ACA compliance, a number of employers have been asking me about unionized employees and how they can know whether the employees are “offered” coverage (as required to avoid penalties) when coverage is provided through a multiemployer plan to which the employer contributes. The concern is that since the ACA requires an employer to offer coverage, and because the multiemployer plan is not technically […]

By | January 16th, 2015 ||

United States: No End In Sight For Wave Of Paid Family And Sick Leave Laws

Employers have been scrambling to keep up with the multitude of paid sick leave laws that were passed in the last several years. These laws vary by jurisdiction and often can’t be easily reconciled into a uniform policy — an issue for multi-state employers. As reported in today’s New York Times, President Obama is asking Congress to pass the Healthy Families Act, under which employees could earn one hour of paid sick time for […]

By | January 16th, 2015 ||