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DOL Podcast Web BannerSince 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, we address the most common questions clients have asked Baker & McKenzie, and we provide our recommendations for the steps employers should take to comply. Follow this link to listen to the podcast.

Podcast Speakers:

Emily Harbison | Arthur Rooney | Ryan Vann | Kevin Whittaker

For further information on the Final Rule, please see our earlier post.

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img3867_s-2016_ZenithWe are pleased to announce that Donna M. Walwyn, Partner, is a recipient of the 2016 Lexpert Zenith Awards. The Awards recognize those who demonstrate excellence, action and thought leadership ways that advance diversity and inclusion in the legal profession and society. Continue Reading Advancing Diversity in the Legal Profession

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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

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In the recent decision of Hamilton-Wentworth District School Board v. Fair, 2016 ONCA 421, the Ontario Court of Appeal (“ONCA”) upheld the Human Rights Tribunal of Ontario’s 2013 decision to reinstate an employee, more than 10 years after her employment was terminated. By the time of the ONCA’s decision, almost 15 years had passed since the original termination.

The ONCA’s decision may encourage other decision-makers to order reinstatement as a remedy in discrimination cases. The decision also highlights the importance of considering all possible positions, vacant or not, in order to meet the duty to accommodate employees with disabilities.

Continue Reading More Reinstatements on the Horizon in Discrimination Cases?

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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

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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?

Continue Reading Upcoming Webinar – How to Be Your Company’s Superhero: The Top US Employment Developments You Need to Know for 2016

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Canadian businesses with operations in the United States should be aware of recent and significant changes to the overtime rules. Yesterday, the US Department of Labor (DOL) published the long-awaited amendments to the “white collar” exemptions for executive, administrative, and professional employees, as well as the provision governing highly-compensated employees.  The Final Rule significantly increases the minimum salary an employee must earn to qualify for a white collar exemption and for the highly compensated employee exemption under federal law.  The increased minimum salary must be implemented by December 1, 2016, which gives employers approximately 200 days to prepare for and comply with the Final Rule. Continue Reading US Department of Labor Publishes Final Overtime Rules

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A recent decision of the Human Rights Tribunal of Ontario (the “HRTO”) has further defined the scope of the test for “family status” discrimination. Employees may not be required to take measures to find alternative arrangements for infrequent, sporadic or unexpected family needs, before seeking protection under the Human Rights Code (the “Code”). Continue Reading Family Status Discrimination: HRTO Narrows “Self-Accommodation” Requirement

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In the recent decision in Howard v. Benson Group Inc., 2016 ONCA 256, the Ontario Court of Appeal provides straightforward but important lessons for employers who make use of fixed term employment contracts: Continue Reading Fixed Term Employment Contracts – Important Lessons from the Ontario Court of Appeal