The Fair Workplaces, Better Jobs Act, 2017 received royal assent on November 27, 2017. Thus, new requirements will come into force according to the following timeline: Continue Reading Bill 148 Receives Royal Assent: Implementation Schedule
Many employers rely on the discretionary nature of their bonus plans to deny bonuses to employees they’ve dismissed. However, in last month’s decision in Singer v Nordstrong Equipment Limited, 2017 ONSC 5906, the Court held that stipulating that a bonus is discretionary in the policy doesn’t necessarily give the employer complete freedom to withhold the bonus. Rather, discretionary bonuses must be awarded through a “fair, identifiable process.” Continue Reading Is a Discretionary Bonus Really Discretionary?
Recently, we discussed employees’ attempts to obtain health plan coverage for medical marijuana (you can find the post here). In the midst of speculation surrounding the Federal government’s soon-to-be-released legislation on recreational marijuana use, one Canadian employer has announced that it will cover prescription cannabis under its employee health benefits plan. Loblaws has taken the lead in this area and will now accept claims from its employees for marijuana prescriptions. Continue Reading “Puff, Puff…. Give” — Employees Can Now Claim Benefit Coverage for Medical Marijuana
Prime Minister Trudeau portended the legalization of ‘pot’ in Canada in his election campaign. Pending such development, a recent decision by a court-appointed Board of Inquiry has ‘planted the seed’ for coverage of medical marijuana prescriptions under employee benefit plans: Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund (“Skinner“). Continue Reading ‘Up in Smoke’: Benefit Coverage for Medical Marijuana
To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2016: Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2016
Canadian businesses with operations in the United States should be aware that the US Department of Justice and Federal Trade Commission recently issued antitrust guidance for human resource professionals and others who are involved in hiring and compensation decisions. The guidance warns of criminal prosecution against companies, human resource professionals and other individuals for formal and informal wage-fixing or no-poaching agreements between companies. The agencies also encourage companies, human resource professionals and other individuals to quickly report antitrust violations to the Department of Justice under its Corporate and Individual Leniency Policies. To learn more about the guidance, please read our client alert. Continue Reading US Federal Agencies Issue Joint Guidance for HR Professionals Warning of Criminal Liability for Wage-Fixing and No-Poaching Agreements
This two-hour CLE program will provide in-house counsel, HR professionals and business leaders with practical guidance and checklists to tackle the key issues that arise when their company moves into new jurisdictions around the world. We will look at three critical elements of international expansion:
- Getting the Structure Right, Early. What factors do you consider when choosing the type of business entity to use for a particular type of business, long term objective and country? Understand the impact your choice of business entity can have on your future business and related legal issues.
- Realities of Global Employment. What are the most significant international employment, hiring and termination issues for in-house counsel dealing with international expansion and ongoing operations? Take away strategies to help you avoid the biggest pitfalls and successfully manage a global workforce.
- Equity Compensation. How are companies thinking about equity outside of Canada? Learn whether the use of equity grants to provide future incentives and variable compensation for executives and other employees is available or advisable in other jurisdictions in light of securities law, tax withholding/reporting, exchange controls and other requirements.
The holiday season is upon us and so is festive cheer. Employment Insurance (“EI”) may not be at the top of, if at all on, employer holiday and New Year’s checklists, however, aiming to save in the New Year may well be.
The EI Premium Reduction Program (the “Program”) allows employers to save on their annual EI premium contributions. Employers who provide a short-term disability plan to their employees are eligible for the Program if the plan meets the prescribed requirements. Continue Reading New Year’s Checklist: Employment Insurance and the Premium Reduction Program
On November 14, 2014, the Supreme Court of Canada issued a three sentence decision that has important implications for Canadian employers who provide “top ups” to employees during pregnancy, parental and adoption leave. This case is significant because it suggests that pregnant employees cannot be denied a parental leave benefit simply because they enjoy a “similar” pregnancy leave benefit. In some cases, this may require employers to provide additional benefits to employees who take both pregnancy and parental leave. Continue Reading Supreme Court of Canada Confirms Pregnant Employees Are Entitled to Two Periods of “Top Up”