Report: U.S. Department Of Labor Proposal To Almost Double Minimum Salary For Exempt Employees

In March 2014, President Obama directed the U.S. Department of Labor (DOL) to update existing overtime regulations for so-called “white collar” employees under the federal Fair Labor Standards Act (FLSA). In response to the president’s mandate, the DOL is preparing a proposed regulation entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” The proposal is expected to narrow the “white collar” exemptions and make more workers eligible for […]

By | January 17th, 2015 ||

Canada: Québec: Harrassment Complaint In The Workplace And Internal Investigations – Does Procedural Fairness Apply?

In a recent case, the Quebec Court of Appeal overturned a Court of Quebec judgment and found that procedural fairness standards applicable to administrative law are not applicable to internal investigations into complaints of psychological harassment in the workplace.

Facts

The appellant was a college professor who was dismissed for psychological harassment of some of his colleagues. The respondent was selected to investigate two complaints of psychological harassment filed on behalf of two colleagues against the […]

By | January 16th, 2015 ||

United States: Employer Offering Coverage: The Multiemployer Plan Problem

As we move in to the first phase of ACA compliance, a number of employers have been asking me about unionized employees and how they can know whether the employees are “offered” coverage (as required to avoid penalties) when coverage is provided through a multiemployer plan to which the employer contributes. The concern is that since the ACA requires an employer to offer coverage, and because the multiemployer plan is not technically […]

By | January 16th, 2015 ||