North America

DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued an opinion letter regarding the designation of FMLA leave in the context of employees covered by collective bargaining agreements (“CBA”) with a union.  This opinion letter provides helpful clarification on an issue that is often a source of confusion for employers (as well as for unions).

Read full article

Home-grown cannabis any time soon?

By Benoît Chartier, from our Insurance Law Practice Group.

On September 3, 2019, approximately one year after the legalization of recreational cannabis in Canada, the Quebec Superior Court declared the provisions of the Quebec law governing cannabis that prohibited possession and production of cannabis plants in the province, unconstitutional (Murray Hall c. Procureure générale du Québec, 2019 QCCS 3664). This decision could have serious impact for insurers or landlords, among others.

Click here to read more (PDF).

Read full article

OSHA Update: Record keeping and required postings

Updates on OSHA’s requirements for posting OSHA’s Form 300A (which summarizes job-related injuries and illnesses logged during 2018) and on record keeping requirements. READ MORE

Read full article

Ohio’s Habitual Offenders Program can have devastating effects for businesses that fail to comply with sales tax filing and payment requirements

In Ohio, a consistent failure to comply with sales tax filing and payment requirements may result in a business’ tax account being placed in the Habitual Offenders Program (HOP), a statutory mandated tax delinquency program that can have devastating effects on any business. READ MORE

Read full article

Compliance with the New DOL Salary Thresholds May Create Unexpected Challenges for Employers (Redux)

In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those expected changes: “Compliance with the New DOL Overtime Exemption Rule May Create Unexpected Challenges for Employers.

As we wrote earlier this week, the current administration’s changes are set to go into effect on January 1, 2020: “U.S. Department of Labor Issues Long-Awaited Final Rule Updating the Compensation Requirements for the FLSA’s Executive, Administrative, and Professional Exemptions.”

Read full article

Sharon Druker to Collaborate with the Jewish General Hospital Foundation

September 27, 2019 — Sharon G. Druker has been appointed to the governance committee of The Sir Mortimer B. Davis Jewish General Hospital Foundation. The committee plays an advisory role to the Foundation’s directors by ensuring the effective and efficient operation of the Foundation in a manner which is free of conflicts of interest and in compliance with applicable law.

Read full article

Recommendations for proper back charges on commercial construction projects

Back charges are commonplace on commercial construction projects. Whether you are a general contractor or subcontractor assessing back charges against a lower tier contractor or a lower tier subcontractor arguing against back charges that have been assessed against you, these four tips will provide insight into best practices for proper back charges to help you in your business.  READ MORE

Read full article

5 data privacy and cybersecurity tips for construction firms

No industry is immune from data privacy and cybersecurity threats, and that includes the construction industry. Here are five data privacy and cybersecurity tips construction firms should consider putting to use to protect themselves against these looming threats. READ MORE

Read full article

Sole discretion and your franchise agreement

Many, if not all, franchise agreements have provisions giving the franchisor sole and absolute discretion to take or approve some action. On its face, an agreement in which the parties agree in advance to give sole discretion in decision making would appear to be virtually bullet proof from attack. However, there are exceptions. READ MORE

Read full article

Time Is Money: A Quick Wage-Hour Tip on… Navigating Travel Time Pay

What is considered compensable travel time pursuant to the Fair Labor Standards Act (“FLSA”) is not always clear or intuitive to employers, even for those who usually have a good handle on wage and hour laws. This blog post hopefully will simplify the requirements set forth in the U.S. Department of Labor’s (“DOL”) regulations and interpretive guidance to help clarify when employees must be paid for travel time.

Read full article