Canada: "Zero Tolerance", Automatic Suspension Approach To Safety Violations Criticized, Written Warning Substituted

Employers are increasingly taking a “zero tolerance” approach in which a minimum level of discipline – whether a suspension or dismissal – is imposed for certain serious safety violations. In a recent case, an arbitrator criticized the approach as unfair to the employee.

Plant security, conducting a random vehicle search as the employee left the premises, found a partially-consumed bottle of flavoured vodka beneath some camping equipment in the trunk of the vehicle.  The employee […]

By | December 2nd, 2014 ||

United States: California Issues Paid Sick Leave Poster

Paid Sick Leave becomes mandatory in California on July 1, 2015. We’ve discussed the general requirements here andhere. The law requires that employers display a poster stating that:

Employees are entitled to accrue, request, and use paid sick days;
The number of sick days provided to employees;
The terms for using the sick days; and
Retaliation or discrimination against employee who request or use paid sick days is prohibited and employees can complain of that conduct to the Labor Commissioner.

An […]

By | December 2nd, 2014 ||

United States: EEOC Casts Uncertainty On Popular Wellness Programs

Employee Benefits & Executive Compensation
Action Item: Employers with wellness programs that involve higher premiums or other increased cost-sharing for employees who do not participate should contact us immediately to discuss their wellness strategies and to assess their compliance with the Americans with Disabilities Act.

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued Honeywell, Inc., claiming that its employer-sponsored wellness program violates the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act, the […]

By | December 2nd, 2014 ||