Employment

Blog Posts

  • DEFENDING OVERTIME WAGE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT: THE PROFESSIONAL EXEMPTION November 24, 2017 The United States Department of Labor (DOL) is a federal agency created in 1913 under the administration of President William H. Taft, which enforces the Fair Labor Standards Act (FLSA) created in 1938 under the administration of President Franklin…
  • Bill 148 Has Passed! November 24, 2017 On November 22, 2017 Bill 148: Fair Workplaces, Better Jobs Act, 2017, was passed and with it comes many changes to the Employment Standards Act, 2000. Some notable changes are: • Increased minimum wage – general minimum wage will become…
  • Can Partnership Disputes Be Avoided? November 24, 2017 Even some of the biggest and most successful companies have faced their share of internal struggles and disputes among those who were there from the beginning. Some are able to overcome their disputes after a period of disagreement, while other…
  • Myth #6 – Only My Probate Assets Are Taxed November 24, 2017 Last week, I covered the myth that you need to avoid probate. One common reason people want to avoid probate is because they believe it is one way to avoid inheritance tax. Not so fast. Whether or not an asset is a probate asset has no bearing on…
  • SIGNIFICANT CHANGES TO THE EMPLOYMENT STANDARDS ACT November 24, 2017 The Ontario government recently announced major changes to the Employment Standards Act, 2000 (the "ESA"), the law which governs most workplaces in the province. Many of these changes will become effective on January 1, 2018, while some others will…
  • Automaker Accused of Racial Discrimination in California November 24, 2017 While we can all hope that in 2017, in a state like California, we are beyond the days when workers have to worry about racial discrimination while working at a major corporation, if recent allegations are true, it seems there is still a long way to…
  • Members of the #metoo movement should unite at work November 24, 2017 The epidemic of sexual harassment and assault has received a lot of attention recently because of high profile cases like movie producer Harvey Weinstein, actor Kevin Spacey, journalist Charlie Rose, and many others. The news has spawned a viral…
  • A New Look at the Theory of the Firm November 24, 2017 Tamara Belinfanti & Lynn A. Stout, Contested Visions: The Value of Systems Theory for Corporate Law, U. Pa. L. Rev. (forthcoming 2017), available at SSRN. Bill Bratton Tamara Belinfanti and Lynn Stout's Contested Visions: The Value of Systems…
  • Five reminders about time off for holidays and holiday pay under California law November 23, 2017 Happy Thanksgiving. I hope everyone is getting some time to relax and enjoy some time with their families. Entering the holiday season, it is a good time to review employer's obligations to accommodate requests for time off for holidays and best pay…
  • Cases --- November 19th through 25th (2017) November 23, 2017 No Cases
  • Part 1: Sandbagging in M&A – negotiating strategies November 23, 2017 What is "sandbagging"? The concept of sandbagging is simple: one party has a strength, an advantage, or is in a position of power, which is concealed or downplayed in order to take advantage of the other party later. In the context of M&A deals,…
  • Feliz día de acción de gracias November 23, 2017 El día de acción de gracias se lleva a cabo este jueves, 23 de noviembre. En Jacob Oresky & Asociados, nos gusta tomar un momento para darle gracias a nuestros clientes y a la comunidad por ayudarnos a lograr otro año de…
  • Happy Thanksgiving November 23, 2017 Thanksgiving takes place this year on Thursday, November 23. At Oresky & Associates, we like to take a moment to give thanks to our clients, and the community for helping us to achieve another year of success. In order to say thanks to the…
  • A Framework for Modern Employment – House of commons report. November 23, 2017 The Work and Pensions and Business, Energy and Industrial Strategy Committees have published a joint report on "A framework for modern employment" (the Report) which considers how the employment framework should be amended to reflect the modern…
  • Sweeping Changes: Bill 148 Now Law in Ontario November 22, 2017 Brace yourself, Ontario. Today Bill 148 passed Third Reading and the Ontario Legislature passed the bill into law. Most of the changes will come into force on January 1, 2018, while a small handful of the amended ESA sections may possibly come into…
  • Ontario passes the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) on November 22, 2017 November 22, 2017 The Ontario government has just passed the Bill 148 which amends the Employment Standards Act and the Labour Relations Act with a target effective date of January 1, 2018. The Bill still needs to receive Royal Assent. Key changes to the Employment…
  • Collective Bargaining, Employee Rights, and the NFL November 22, 2017 Owen Laird, Esq. On Thursday, all across the country, Americans will gather together to celebrate Thanksgiving. For millions, their Thanksgiving celebration will include sitting down and watching some football. The National Football League (NFL) is…
  • Know Before You Sign: Settling Your Workers' Compensation Claim Without Defeating Your Right to Sue Under the FMLA November 22, 2017 Many employment cases may involve multiple different types of harm that are suffered as a result of different transgressions committed against you. Your employer, for example, may have violated the Family and Medical Leave Act or anti-discrimination…
  • It's Not Always Over After the Verdict: Lessons from a Groundbreaking Federal Discrimination Case from Atlanta November 22, 2017 There are many different ways in which an employer can commit illegal discrimination in the conduct of its business. One of the more recently enacted statutory prohibitions was passed into law with the Genetic Information Nondiscrimination Act of…
  • Federal Employee Whistleblowers Denied Due Process November 22, 2017 Washington Post reports: Trump's lack of appointments creating intolerable backlog of cases. Washington, D.C. November 22, 2017. For years, whistleblowers have complained about the political nature of the Merit System Protections Board. Federal…