Earlier this year, we wrote about the US Department of Labor’s (DOL) publication of the Final Rule, which significantly increased the minimum salary an employee must earn to qualify for the “white collar” exemption and the highly compensated employee exemption under federal law (see our blog post here). However, on November 22, 2016, a
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
Last month, key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”), came into force. Employers are now required to have comprehensive policies and programs in place to address workplace harassment, along with detailed investigative procedures to be followed in response to complaints or incidents of harassment.
The latter requirement has led many employers to ask whether investigating is enough or if the employer can still be liable if the investigator gets it wrong.
Continue Reading You Want Me to Do What? Guidance for the Newly-Appointed Workplace Harassment Investigator
Key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”) come into force today, amending the Occupational Health and Safety Act (“OHSA”). As a result, employers are required to implement comprehensive policies, programs, and investigative procedures to address workplace harassment. Bill 132 also expands the definition of “workplace harassment” to include “workplace sexual harassment”.
Continue Reading Employers Take Note: OHSA Amendments Under Bill 132 are Now in Force!
Canadian businesses with operations in the United States should be aware that the US Equal Employment Opportunity Commission (“EEOC”) recently unveiled its amended proposal to collect summary pay data from employers with 100 or more employees. Under the proposed amendments, employers who already file an Employer Information Report (EEO-1) will be required to also report
This morning’s announcement that the British public have voted in favour of a so-called “Brexit”, has the potential to be one of the most significant events in recent British history. The precise implications of Brexit will depend upon exactly how the UK’s future relationship with the EU will be structured. We have put together an
Since the highly anticipated overtime rule was announced on May 18, 2016, the U.S. Department of Labor’s changes have been top of mind for Canadian businesses with operations in the U.S., and our clients have reached out to us with a number of questions regarding the Final Rule’s impact on their organizations. In this podcast,
Starting June 10, 2016, Ontario employees have increased protection regarding the tips and gratuities left by customers. As we discussed in a previous post, Bill 12 amends the Employment Standards Act, 2000 (“ESA”) to prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees, unless authorized to do so under the ESA.
Continue Reading Keep the Change! New “Tips” Legislation Coming Into Force
Ontario Legislature Passes Bill 132: What Employers Need to Know
Bill 132 will increase the obligations on employers to protect employees against workplace harassment. The Ontario Government recently passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 and employers will need to comply with its requirements as of September 8, 2016.Continue Reading September is fast approaching – New Sexual Violence and Harassment Law will apply to Ontario Employers
The first half of 2016 has already brought significant developments in employment law in the United States, triggering changes that companies with operations in the US must implement and plan for now. From final Department of Labor regulations increasing the salary requirements for exempt employees, to the new federal trade secrets law that will require updates to confidentiality agreements, in-house counsel and HR professionals have to develop best practices and strategies to navigate and comply with several new initiatives today. How can you help “save the day” for your company?
