Pay Transparency and Pay Equity in Ontario

Two new laws that seek to enhance pay transparency and pay equity have been passed and, once proclaimed, will impact provincially-regulated and federally-regulated employees and employers. Bill 3, Pay Transparency Act, 2018 – For Provincially Regulated Employers and Employees The Ontario government passed Bill 3, Pay Transparency Act, 2018 (PTA), which imposes requirements on Ontario …

Accommodating an Anxious Workforce

The American population, and thus the American workforce, is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to maintain a competitive advantage and to avoid legal liability. Nobody knows precisely how many U.S. employees suffer from anxiety and depression, but they …

Employment Law Considerations for Engaging Gig Workers

In a growing technological and global marketplace, the labor market is expanding to accommodate the “gig economy,” a labor market characterized by short-term, freelance or other alternative work relationships.  Though app-based businesses and delivery companies typically come to mind when referring to the gig economy, many Fortune 500 companies are actively engaging gig workers for …

The Social Security No Match Letter Conundrum for Employers: What to do in Sixty Days?

More than 570,000 No Match letters  (NML) have been sent by the Social Security Administration (SSA) starting in late March of 2019 with instructions for the Employer to review the name and social security number (SSN) provided on the W-2 form (Wage and Tax Statement) and to provide any necessary corrections to the SSA with …

The Michigan Court of Appeals Addresses Sexual Harassment and Mandatory Arbitration Agreements

Mandatory arbitration agreements for employment claims have been increasingly criticized, but that criticism has increased dramatically for sexual harassment cases.  The #MeToo movement has generated significant pressure to exclude sexual harassment claims from mandatory employment arbitration agreements, and proposed legislation federally and in various states seeks to bar mandatory arbitration agreements or at least to …

Employment Law Issues Continue to Evolve with Hairstyle, Sex Gossip, and Emotional Outburst Disability Protections

Employment law is constantly evolving and changing to keep up with the evolving workforce and work-related issues. For example, in the last year, we have seen a changing landscape focused on gender bias and discrimination with the Me Too and Times Up movements. While we will continue to see claims, charges, and lawsuits related to …

Michigan Court of Appeals Holds That Medical Marihuana Act Does Not Prohibit Employers from Rescinding Offers of Employment After Positive Tests

On February 19, 2019, the Michigan Court of Appeals held that an employer does not violate Section 4 of the Michigan Medical Marihuana Act (“MMMA”) when it rescinds a conditional offer of employment based upon a positive drug test. In Eplee v City of Lansing, unpublished opinion per curiam of the Court of Appeals, issued …

The Sixth Circuit Declares Tennessee’s Punitive Damages Cap Unconstitutional

In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee’s cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act (the “Act”) which, among other things, capped the amount of punitive damages a plaintiff can recover in civil …