Blog

Even High Earning Supervisors Can Be Entitled to Overtime
September 17, 2021
 A recent decision by the Fifth Circuit Court of Appeals in Hewitt v. Helix Energy Solutions Group, Case No. 19-20023, in is causing upheaval in the energy sector by suggesting that even highly paid supervisory employees may be entitled to overtime pay on top of their six-figure compensation because they are paid a day rate rather than a weekly salary.
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Ontario: Divisional Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
September 17, 2021
Successful litigation advanced primarily by workers under the equality provisions of the Charter of Rights and Freedoms altered the legal landscape with respect to the treatment of stress claims by Ontario’s Workplace Safety and Insurance Board (“WSIB”).
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CMS On Your Radar - Key employment issues worldwide
September 7, 2021
The international CMS employment group has the pleasure of sharing the latest edition of On Your Radar publication giving you access to the key employment law developments at your fingertips. Our easy to read guide provides our expert analysis and action points to deal with these developments in Europe and beyond.
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Non-Compete Agreements Under Fire and What That Really Means
August 23, 2021
President Biden recently issued an Executive Order taking aim at anti-competitive practices in his “Executive Order on Promoting Competition in the American Economy.”
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Military Leave Benefits Expansion? Things to Consider
August 20, 2021
The Uniform Services Employee and Reemployment Rights Act (USERRA) requires employers
to treat military service members equally to employees on other types of leave. Does that
mean if your employment policies provide for paid short-term leaves as well?
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NLRB Hearing Officer Recommends Second Union Election at Amazon – But Will It Happen?
August 18, 2021
A National Labor Relations Board hearing officer recently recommended that the union election at an Alabama Amazon warehouse be run a second time.
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Back to the Future - DOL Rescinds FLSA Joint Employer Rule
August 10, 2021
President Biden now has erased two Trump-era Department of Labor rules that addressed issues fundamental to the application of the federal Fair Labor Standards Act.
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Oregon’s 2021 Legislative Session Brings Significant Changes for Employers
July 23, 2021
The Oregon State Legislature adjourned its 2021 session at the end of June, but not before passing a slew of bills, some of which bring noteworthy changes for Oregon employers.
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E-Voting in Union Elections at the NLRB?
July 22, 2021
As our two major political parties wage battle in statehouses around the country regarding the ways in which citizens cast their votes, the National Labor Relations Board seems primed to implement electronic voting in union elections.
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California Supreme Court Holds That Meal-Period, Rest-Period, And Recovery Premiums Must Include Nondiscretionary Earnings
July 21, 2021
On July 15, 2021, the California Supreme Court held that the calculation of premium pay for noncompliant meal, rest, and recovery periods must include not only the employee’s hourly rate of pay but also all other nondiscretionary payments for work performed by the employee.
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Illinois More than Doubles Penalties for Wage & Hour Violations
July 14, 2021
On Friday, July 9, 2021, Governor Pritzker signed an amendment to the Illinois Wage Payment and Collection Act that increases the penalty for underpaying wages from 2% of the amount of the underpayment per month to 5%.
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Ontario: Immigration Status By Any Other Name?
July 13, 2021
In Haseeb v Imperial Oil Limited, 2018 HRTO 957, the Human Rights Tribunal of Ontario awarded damages representing four years of lost wages to a job applicant who lied about his immigration status to a prospective employer. Thankfully for employers, the Divisional Court recently overturned that Tribunal decision.
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