U.S. Department Of Labor Issues New Guidance On Joint Employment

It is no surprise that businesses often struggle with categorizing workers as employees versus independent contractors.  The U.S. Department of Labor’s (“USDOL”) latest  guidance highlights a similar challenge businesses face, but may overlook, especially those using staffing agencies  or hire temporary workers to supplement their workforces: the issue of joint employment.  On January 20, 2016, the Wage and Hour Division of the USDOL issued new guidance on joint employment making it clear that the […]

By | February 3rd, 2016 ||

European Court Of Human Rights Okays Employer’s Access To Personal Communications

The European Court of Human Rights recently ruled in Bărbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal messages in the employee’s Yahoo! Messenger account. Numerous newspapers and other media sources quickly declared employee privacy dead as a result of the ruling – and the Court was sufficiently alarmed by the mischaracterization of the case that it issued a […]

By | January 28th, 2016 ||

The Partridge Family Status Claim: Ontario Court Of Appeal Upholds Johnstone Test For Discrimination

In a bulletin published last year, we advised readers of the Federal Court of Appeal (“FCA”) decision in Johnstone v. Canada Border Services Agency (“Johnstone”), which affirms that parental childcare obligations are included under the protected ground of family status under the Canadian Human Rights Act. The decision set out a four-part test to establish discrimination on the basis of family status relating to childcare accommodation.

In another bulletin, we advised readers of […]

By | January 25th, 2016 ||