Canada: Yet another reminder for employers to proceed with caution when drafting termination provisions

It is safe to say that most every employer understands that a termination provision in an employment contract must provide for no less than minimum employment standards.  With this understanding, employers and their counsel draft termination provisions with the full intention of complying with these minimum standards.  However, it seems that despite these good intentions, the courts have sent a very clear message that a termination provision that falls short and does not expressly […]

By | September 24th, 2014 ||

Canada: New Pension And Benefits Obligations For Employers Arriving In Fall 2014

Companies with employees in Ontario, particularly companies that sponsor or administer employee benefit plans, including extended health plans and pension plans, will be affected by the passage of Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Effective October 29, 2014, the Ontario Employment Standards Act, 2000 (ESA) will be amended, and eligible employees will be entitled to three new unpaid, job-protected statutory leaves of absence:

Family Caregiver Leave: up to 8 […]

By | September 23rd, 2014 ||

What A Headache (Part 2) – Challenges Of AB 1522 (California Paid Sick Leave)

Nothing in California is easy for employers, and California’s new paid sick leave statute (AB 1522) is no exception.

Here is the first challenge. While employers can make employees give notice of paid sick time when foreseeable, they can’t really punish employees who take time off that is not foreseeable, because the statute prevents retaliation against any employee for using sick leave (or even requesting to use it). Employers are also prohibited from requiring employees […]

By | September 21st, 2014 ||