Canada: New Minimum Wage Requirements And Significant Changes To Workplace Laws Coming To Ontario With Passing Of Bill 18

On November 6, 2014, the Stronger Workplaces for a Stronger Economy Act, 2014 (the “Act”), also known as Bill 18, passed third reading in the Ontario legislature. The Act includes a number of significant changes of concern for Ontario employers including:

1. The Act prescribes an annual minimum wage review, and links all future minimum wage increases directly to the Consumer Price Index for Ontario. The minimum wage rate will be announced in April of […]

By | November 15th, 2014 ||

United States: Judge Begs Higher Courts To Clarify Exempt Status

Determining whether employees are exempt from overtime requirements under California law is more difficult than determining their status under federal law. Under federal law, exempt status depends on an employee’s primary duty and the time spent performing that duty is not dispositive. But California uses a “primarily engaged” test where how the employees spend their time is entirely dispositive. So the question becomes whether the employees spend more than half their time performing duties […]

By | November 14th, 2014 ||

Canada: Case Brief: On Punitive And Mental Distress Damages For Harassment

In 2012, we reported on an Ontario jury award of approximately $1.5 million damages to a 42-year-old former assistant manager who resigned her employment at Wal-Mart after being verbally abused and harassed by her 32-year-old store manager. At trial, the employee was found entitled to $200,000 for intentional infliction of mental suffering, $1 million in punitive damages and $10,000 for assault. The manager was ordered to pay $100,000 for intentional infliction of mental suffering […]

By | November 14th, 2014 ||