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|Relief from Indiana Wage Payment and Wage Deduction Statutes May Be in Sight|
Jackson Lewis P.C.;
February 12, 2014, previously published on February 10, 2014Indiana Wage Payment Statute - House Bill 1126 - Under the Indiana Wage Payment Statute, an employee claiming he or she is owed wages may seek treble damages (three times the amount of wages owed) plus attorneys’ fees. An award of treble damages and fees is automatic if the employee prevails,...
|Stop Talking to the Police!|
Cody Jordan; Bailey & Galyen, Attorneys at Law;
February 11, 2014, previously published on February 1, 2014 Being questioned by the police is certainly not a fun way to spend time. Often, though, the actual length of time spent is as much determined by the person being questioned as it is determined by the police doing the questioning because people don’t seem to know when to stop talking. ...
|Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of State-Sanctioned Off-the-Clock Marijuana Use|
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 11, 2014, previously published on February 6, 2014Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired on the job. Though oral argument has not yet been set, this case, Coats...
|Costs in Human Rights Cases: Keeping Complainants Honest|
Christopher McHardy; McCarthy Tétrault LLP;
February 11, 2014, previously published on February 4, 2014The BC Human Rights Tribunal has the power to order costs in favour of an employer. It uses this power very infrequently, but it is an important deterrent to frivolous complaints and helps to protect the integrity of the process. We discussed the use of costs in an earlier post.
|Federal Data Security Breach Notification|
Amy Malone; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 7, 2014, previously published on February 5, 2014Data privacy legislation has been introduced regularly, but has yet to pass, could this be the year? The recent breaches at Target and Neiman Marcus have drawn national attention and may be the impetus needed to pass the legislation. Currently two bills addressing data breaches have been introduced...
|Precedent-Setting Defeat of Americans with Disabilities Act Lawsuit Against Bank's ATM Operations|
Waller Lansden Dortch Davis LLP;
February 6, 2014, previously published on February 3, 2014Scoring a win against a pandemic of class actions, Cadence Bank defeated a putative class action that had accused the bank of indifference to the Americans with Disabilities Act at its ATMs. The Plaintiff alleged that an ATM at one branch was not accessible, as required by standards that the...
|“Ban the Box” Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries|
D. Earl Baggett, J. Nelson Wilkinson; Williams Mullen;
February 3, 2014, previously published on January 29, 2014On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for attorney’s fees if they attempt to screen applicants based on their criminal...
|Can an Employee Consent to Sexual Harassment at Work?|
Larry Page; Davis LLP;
January 31, 2014, previously published on January 29, 2014A recent decision of the British Columbia Human Rights Tribunal (2013 BCHRT 289) dealt with a complaint by Adele Kafer that she had been subjected to sexual harassment in her employment at Sleep Country Canada.
|New Human Rights Decision Provides Guidance on Frustration of Contract|
Benjamin T. Aberant; McCarthy Tétrault LLP;
January 31, 2014, previously published on January 21, 2014We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”. Employers often wonder this because when an employment relationship is frustrated, the employee is not...
|Is Your Organization AODA Compliant? New Obligations under the Accessibility for Ontarians with Disabilities Act|
Brittany Taylor; Davis LLP;
January 31, 2014, previously published on January 29, 2014It’s the start of a new year, which means some organizations as of January 1, 2014 have additional requirements to meet under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”).