Labor and Employment

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Canadian Employment Laws

If you operate a hotel anywhere in Canada, you need to consider employment-related laws in the province or territory where the hotel is located. The following is a summary of some important differences between U.S. and Canadian laws. No “Employment at Will”The U.S. concept of employment at will does not exist in Canada. In Canada, ...
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Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your typical “Hi! My Name Is ______” fare. Instead, 10 Burgerville employees in Oregon showed up to work wearing buttons which ...
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Mitigating Risk for Rogue Employee Speech

Generally, employers can be held vicariously liable for the tortious conduct of an employee committed within the scope of his or her employment.  This often arises in the context of negligence cases, such as automobile and workplace accidents.  However, employers can also be held liable for defamatory statements made by their employees when those statements ...
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California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...
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A Step-By-Step Guide To Terminating Employees For Theft (Part One)

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016, the university found that the percentage of shrink caused by employee theft was “only” 30 percent. The bad news: ...
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The Die Hard Survival Guide To This Year’s Office Holiday Party

While you can debate all you want about whether 1988’s Die Hard is a Christmas movie (it is – don’t fight us on this point), you can’t disagree with the fact that the movie depicts one of the all-time most memorable office holiday parties in cinematic history. A band of thieves posing as terrorists crash ...
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Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending employees to work abroad –something that is becoming the norm rather than the exception for United States employers. Often times, employers ...
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Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings during performance reviews for fear of upsetting the employee or being accused of treating them differently from others. Many employers ...
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How Text Messaging Will Give You an Edge in Hotel Customer Satisfaction

When you want to improve your hotel guest’s experience, it’s crucial to build up the ways in which you communicate with your guests. While emails and phone calls are useful, text messaging for hotels is an efficient and direct way to ensure that your customers are satisfied. Texting gives you instant access to your guests, ...
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Inconsistent Performance Standards Dooms Defense Case

Over the years, a consistent theme of this column has been that employers need to hold all employees, regardless of protected characteristic, to the same standard in order to avoid even the appearance of discrimination. These are generally “employment words to live by.” Realistically, however, managers often hold more senior employees to a higher standard ...
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