What You Should Know About General Labour Jobs Toronto

A company requires a lot of employees with varied skills. From permanent employees to temporary as well as contractual staff, the workforce consists of enormous diversity as well. However, the importance of employing general labours cannot be undermined in any way either. Sure, the term seems to be obvious but the meaning is not quite so simple especially when it comes to recruitment.

Facts about general labour jobs Toronto

The origin of the term was rather simplistic and denoted a person who could work at general jobs without having to go through any sort of specialized training. It was first coined with the manufacturing industry in mind that utilized a large number of workers for taking care of the purely physical tasks that did not require any special skills or complexity. The meaning of the term has widened considerably over the use with general labourers being employed freely by a large number of

Managers Are Not Always Exempt from Overtime Pay

To determine whether an employee is exempt from overtime, the law requires more than an examination of the employee’s title. Thus, a manager is not automatically exempt from overtime pay.

California has been hit particularly hard by the current economic slow-down. The most recent unemployment rates in the state are hovering around 11% according to the US Department of Labor. In this tough economy, employers are doing whatever they can to cut expenses and meet bottom lines. For some employers, this includes lay-offs, hiring freezes, cutting back on benefits and requiring employees

The reduction in workforce can mean more work for employees who remain on-the-job. For those in managerial positions, this can result in increased job duties, longer working hours and less compensation. It can also result in managers doing the work of lower level employees who are laid off as part of a reduction in force.

Managers generally are exempt from overtime compensation under state and federal wage and hour laws. However, it is important to remember that it is job duties and not job titles that determine whether or not an employee actually is exempt from this

What Do You Think About Lying on Your Resume?

It is tempting to put little white lies on your resume. These might include overstating your knowledge of required software (“If they call me, I’ll teach myself over the weekend”), a certification (“They’ll never go through all that trouble to find out”) or extending dates at a former employer (“They can’t find out. The company went out of business”).

How many times have you heard someone say, “Just put it on your resume. There’s no way they’re going to find out”?

It is tempting to put little white lies on your resume. These might include overstating your knowledge of required software (“If they call me, I’ll teach myself over the weekend”), a certification (“They’ll never go through all that trouble to find out”) or extending dates at a former employer (“They can’t find out. The company went out of business”).

So what’s the big deal? It’s not like you’re claiming to be a medical doctor, right? Who are you hurting anyway? You’re just stretching the truth a little to get your foot in the door — or so

California leads U.S. in science and engineering employment

California leads U.S. states in science and engineering employment, according to a new report from researchers at the National Science Foundation

In 2011, the state employed 786,653 people in science and engineering jobs — nearly 14% of the 5.7 million workers in such occupations across the United States. New York and Texas were also science jobs standouts — but with 328,851 and 450,316 jobs, respectively, they trail the Golden State.

The two local regions with the highest science and engineering employment were also in California: the Santa Clara or Silicon Valley area, with 143,329 jobs; and the Los Angeles region, with 141,719 jobs.

The NSF research, which used data from the U.S. Census Bureau’s 2011 American Community Survey, broke out science and engineering employment into subcategories including biological sciences, computer and mathematical sciences, physical sciences, social sciences and engineering.

The Los Angeles region ranked high in all subcategories — the only metropolitan area to do so. Los Angeles led employment in the physical sciences, with 9,306 jobs reported.

Most of the science jobs tallied in the report —

Mexico’s City of Promise

Alberto Limon Padilla started with a shabby clapboard store in a working-class neighborhood. He went on to build Tijuana’s first shopping mall and today presides over a business empire.

Aurora Pelayo came to Tijuana a penniless single mother to work in a factory. Today she is secretary-general of the Baja California Democratic Revolutionary Party.

Justina and Rafael Brambila opened a street-side taco stand, La Especial, on Avenida Revolucion when they came from Jalisco in 1948. Today it is a 180-seat restaurant, though the original stand still draws crowds. Their son Alfredo is a successful Tijuana gastroenterologist.

“We came here with nothing, worked night and day, and thanks to God, we prospered,” said Justina Brambila, who will be 90 in March.

“People come from all over Mexico to find work here. Just look at all the ‘help wanted’ signs,” she said. “People bad-mouth Tijuana. They’ve called it Tijuana the Sinner, Tijuana the Pervert. Now they should call it Tijuana the Refuge for Everyone. Because that’s what it has become.”

If the pulsing crisscross of the border is this city’s heartbeat, the legions of immigrants who flow into Tijuana from

Economic Damages of an Employee Reselling Company Products

Many employees are able to purchase products at their places of employment and then resell them at a higher price or without the discount they are often awarded while working for the company.

The possibility that this may be illegal has deterred most from performing these actions. However, not even with the threat of negative consequences has stopped certain individuals. The risk of reselling doesn’t even include the potential economic damages to the business from the person. He or she does not consider this when his or her actions are not stopped. It is important to seek a lawyer if any legal concerns arise through these actions.

A company is often not harmed greatly if one employee resells products he or she purchased legitimately. However, the business may fire the worker if he or she is found doing this. It is possible that a greater economic loss may be felt if there are several individuals reselling products that are sold out of the organization for revenue. This would mean that profits earned through valid transactions are being cut short by others gaining the income without any percentage going to the company. This may be considered theft by

Cruise Ship Employees Rights

Cruise ship employees can be victim to the same negligence, assaults and injuries as the passengers. More than not the cruise line will try and cover up these incidences.

Often times we hear about cruise ship passangers’ horror stories where someone was assaulted, fallen overboard, or even murdered. However, we rarely hear about the atrocities that happen to those on the other side of the ship….the employees.

Cruise ship employees can be victim to the same negligence, assaults and injuries as the passengers. More than not the cruise line will try and cover up these incidences. The second an employee is injured the cruise line will bombard them with paperwork to fill out. In the depths of this mound of paper may be a liability release that a traumatized employee may overlook. It’s rather common for cruise lines to include this same camouflaged liability release into passenger contracts. In order to prevent being dubbed and tricked out of compensation, you need to take certain steps.

First of all, you should know your labor rights and know what OSHA is. OSHA is a department within the U.S. Department of Labor. They are concerned with ensuring the safety, health and

Hawaii Employment Law Basics: Anti-Nepotism Policies

Under Hawaii’s employment practices statute, HRS Chapter 378, employers are prohibited from discriminating against applicants and employees alike on the basis of marital status. Discrimination prohibited by Hawaii law includes a refusal to hire, demotion, termination or disparate terms or conditions of employment, because an individual is a spouse of an employee.

Anti-nepotism policies serve to address potential problems that could arise if spouses or relatives work at or seek employment with the same company. Spouses or relatives working with the same employer often lead to complaints by other employees of favoritism, morale issues, or conflicts of interest. Employers, therefore, have an interest in avoiding these problems by reserving the right to not hire on the basis of relationship status, to transfer employees to another department or site, or to even terminate an employee where a conflict/perceived conflict arises.

Conversely, Hawaii employers often welcome relatives or spouses of existing employees into their workforce as the company might benefit overall from a more family-type environment. The urge to hire family members might also be more pronounced in small or neighbor-island communities, where the labor pool is limited.

Accordingly, Hawaii employers must carefully consider the company’s needs, the environment, and

Who Needs a Work Permit in Belgium?

The current article sets forth the basic principles for immigration to Belgium and outlines who needs a work permit.

Whether you would like to work or reside in Belgium, the major difference is whether or not you are a EU national.

– EU nationals

In order to work in Belgium, EU nationals do not need a work permit. Their identity card or passport is sufficient to allow them to enter, reside and work in Belgium.

– Non-EU nationals

Non-EU nationals will need either a work permit (if they are employed) or a professional card (if they are self-employed or independent).

Work Permit (in the case of employees):

Application for a work permit must be filed by the employer (not the employee) with the local regional employment office where the employer is established. This will be either the Flanders, the Walloon or the Brussels Regional Employment Office. Enterprises planning to make a significant level of investment in Belgium may be entitled to enjoy a preferential system.

Professional Card (in the case of independent or self-employed individuals):

Self-employed individuals wishing to establish themselves in Belgium must apply for a professional card at the Belgian embassy or consulate in their country of residence. If the person is

Hospital Employee’s Misuse of Personal Health Information: a Wake Up Call for Hawaii Employers

Hawaii employers covered by HIPAA should review their privacy and HIPAA policies and conduct an audit of their practices in order to protect against the improper use and disclosure of private health information and to reduce the risk of privacy breaches in their own organization.

In June 2009, a 22-year-old Honolulu mother of three young children was sentenced to a year in prison for illegally accessing another woman’s medical records and posting on a MySpace page that she had HIV.
The State of Hawaii brought charges against the woman under a state statute criminalizing the unauthorized access to a computer; and which categorized the conduct of the defendant as a class B felony.

According to accounts of the incidents that led to the woman’s conviction, there was a feud between the victim and the victim’s sister-in-law, a friend of the defendant. The defendant, who worked as a patient service representative at the hospital where the victim was a patient, accessed the computer for the victim’s sister-in-law. Over the course of approximately ten months, the defendant accessed the patient’s medical records three times through a computer. After she learned of the victim’s medical condition, the defendant posted on

Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted Files

Hawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either network or company-owned computers by former employees.

The federal Eastern District Court of Missouri recently issued a ruling that could broaden the remedies available to Hawaii employers for damage caused to computers by departing employees.

Specifically, in Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing, & Consulting, the Court interpreted the Computer Fraud and Abuse Act (“CFAA”) to permit a federal remedy for employers whose former employees delete and/or steal company information from laptop computers.

In that case, two managers left the plaintiff company and, according to the plaintiff, failed to return their laptop computers when requested and copied or downloaded confidential and trade secret information. The files on the computer containing such information were then deleted prior to the laptop computers being returned. The plaintiff filed a complaint alleging several causes of action, including a claim under CFAA.

The Court rejected the defendants’ argument in a motion to dismiss that the plaintiff was prohibited from asserting a claim under CFAA. The CFAA permits a cause of action for any

Hawaii Employment Law Basics: Medical Examinations and Disability Law

Hawaii law and the Americans with Disabilities Act prohibit employers from discriminating against employees and applicants for employment who have disabilities. Physical examinations cannot be used to unfairly or disproportionately screen out disabled individuals. Employers may not require medical examinations of job applicants until after conditional offers of employment are made. Finally, medical examinations of current employees must be job related and consistent with business necessity.

Hawaii employers may require job applicants to undergo a physical examination as part of the hiring process. Employers may also have medical examination requirements for current employees. Whether imposed at the hiring stage or on the current workforce, employers’ physical or mental examination requirements are subject to significant restrictions under federal and state law.

Hawaii’s Employment Practices law and the Americans with Disabilities Act (“ADA”) prohibit employers from discriminating against employees and applicants for employment who have disabilities. As a result, physical examinations cannot be administered or used in a way that unfairly or disproportionately screens out or adversely affects the employment opportunities of disabled individuals. In the hopes of eliminating the unlawful consideration of disabilities in hiring, both Hawaii state and federal law stated that employers may not require medical

Compensation and Benefits in Belgium: Limiting the Use of Golden Parachutes

This article outlines the state of affairs on the limitations that many politicians announced in the wake of the financial crisis on the use golden parachutes.

Golden parachutes are special protection measures given to top managers in the form of substantial additional dismissal premiums foreseen in the employment agreement (or management agreements). Although many politicians announced strict prohibitions on the use of such golden parachutes in the wake of the financial crisis, Belgian parliament still has not passed any form of new legislation on the subject and it does not look like it is likely to do so in the near future.

In the absence of any new legislation on the subject, existing golden parachutes remain valid and enforceable. Agreeing to new golden parachutes also remains possible although some exceptions might apply. Earlier this year, a new Corporate Governance Code for listed companies was presented. The new code is a revision of the 2004 code commonly known as the Code Lippens. One of the new principles of the code is that every new contract with top managers should include language on severance pay.

The code stipulates that top managers (the CEO or executive management members) should specify that

Mandatory Arbitration Agreements Unfairly Deny Employee Rights

It has become standard practice for employers to require that prospective employees sign a pre-employment agreement as a condition of accepting a job.

More often than not, the fine print in these agreements includes a mandatory arbitration clause, which requires the employee to give up any rights to bring a lawsuit against the employer for any wrong, including wrongful termination, discrimination or sexual harassment. Rather than file a lawsuit in court, the employee must agree to bring his or her claim against the employer before an arbitrator.

Limiting Perceived Constitutional Rights

Arbitration is a form of alternative dispute resolution. Each party presents its case and any evidence supporting its claim to an arbitrator or a panel of arbitrators. The arguments in favor of arbitration include the efficiency of the process and its lower costs.

However, unlike voluntary arbitration – in which the parties agree after a dispute has arisen to submit to arbitration rather than the courts – employees are forced to agree to submit any future dispute to arbitration. In many cases, if they don’t sign the agreement, they don’t get the job. The employer has all of the bargaining power and the employee’s only option is to

Small Firm Management

According to the ABA: At large law firms, there are entire departments dedicated to many of the logistical and administrative aspects of running a law firm. These include managing office space, conducting conflict checks, overseeing HR matters, even making sure the coffee break room is stocked with half-and-half. As sole practitioners, attorneys are responsible for all of these activities, and many others

I have been trying to grow my practice. But if it is not one thing it is another. Big firms don’t seem to have the same problems.According to the ABA: At large law firms, there are entire departments dedicated to many of the logistical and administrative aspects of running a law firm. These include managing office space, conducting conflict checks, overseeing HR matters, even making sure the coffee break room is stocked with half-and-half. As sole practitioners, attorneys are responsible for all of these activities, and many others

In a nutshell, it’s an online university where law students and lawyers can learn a wide variety of topics related to running a successful solo law practice. There are courses, faculty, discussion groups, blogs, videos, comments, and lots more! (I am not a member)

First, remember that trusting

Responding to a Negative Performance Evaluation

Employers often use performance evaluations to create pretext for terminating an employee. If you believe you have been subjected to illegal discrimination or harassment, filing a response can unmask the illegal conduct and, sometimes, prolong your employment.

A negative performance evaluation without any prior warning, notice or complaint can be shocking to an employee. This is especially true if the criticisms arise after you have experienced or reported discrimination or harassment.

Employers can use negative performance assessments as a means to put an employee on probation and/or terminate the employment relationship while avoiding

the costs of unemployment insurance or policy severance. While it may be difficult to rebut subjective feedback, a written response to a negative assessment is a means for an employee to identify accomplishments and document discrimination or harassment concerns.

Ignoring a negative evaluation leaves the subjective critiques in the employee’s personnel file with no documented evidence of rebuttal. At the same time, criticisms can evoke strong emotions and an employee should be careful to address the substance of the evaluation rather than engage in personal attacks. The employee should provide specific examples that refute pretextual criticisms

California Wage and Hour Update

DLSE Approves Salary Reduction For Furloughed Exempt Workers

With the economy in flux, businesses are looking for ways to reduce payroll without losing talent. Some companies have put their hourly workers on a “work furlough” by reducing the number of hours or days in a weekly schedule. But can the same be done for salaried exempt workers? Normally, salaries cannot be adjusted based on the number of hours worked in a workweek.

The answer is yes, according the California’s Division of Labor Standards Enforcement (“DLSE”). Although the rules for salaried exempt workers are strict in California, in a recent opinion letter, the DLSE endorsed a salary reduction commensurate with a workweek reduction.

A Temporary Work Furlough

In an August 19, 2009 opinion letter, the DLSE considers the following scenario: A company has experienced significant economic difficulties due to the present severe economic downturn facing California and the nation. Though the employer has already laid off employees, it must further cut costs until the business conditions improve.

The employer would like to reduce the number of its employees’ scheduled work days from five days to four days per week. In implementing this reduction, the employer would not pay non-exempt employees for

Will there Soon Be an Alcohol Lock in Your Company Car?

The alcohol lock is making its way in Belgium, including in Belgian labor law. In its one hundredth Collective Bargaining Agreement, the Belgian National Labor Council has enacted the obligation for all Belgian employers to establish a well-conceived alcohol prevention and treatment policy. The installation of an alcohol lock in the employer’s company car park can be introduced in the framework of such a policy.

A drink from time to time, whenever there is something to celebrate, improves the working atmosphere. But when employees are unable to control their alcohol use, this could have serious consequences. Evidently, the employees’ productivity will decrease and he will make more mistakes. Further, for many professions, a drunk employee will entail a considerable safety risk, for the employee himself, for his colleagues as well as for third parties.

This concern has incited the Belgian employers and employees to conclude their one hundredth Collective Bargaining Agreement within the National Labor Council, providing certain agreements regarding alcohol use, the prevention and the remedy of alcohol abuse at work. In line with the Belgian Labor Law tradition, the CBA n° 100 starts from the prevention. Further, this CBA creates a Legal framework for (i)

Illegal Discrimination in Public Accommodations under Hawaii Law

Under Hawaii law, owners and operators exercise authority, control, or discretion over places of public accommodation. In this capacity, owners and operators are subject to liability for unfair discriminatory practices due to race, sex, color, religion, ancestry, or disability by themselves, or their employees and agents.

Under HRS Chapter 389, owners and operators exercise authority, control, or discretion over places of public accommodation. In this capacity, owners and operators are subject to liability for unfair discriminatory practices due to race, sex, color, religion, ancestry, or disability by themselves, or their employees and agents.

The Hawaii Civil Rights Commission (“HCRC”) has established that all owners and operators of public accommodations are liable for the discriminatory acts of its employees and agents, regardless of whether the acts were authorized or even forbidden, and regardless of whether the owners or operators knew or should have known that the act occurred.

The HCRC is responsible for receiving and investigating complaints from the public concerning any alleged Chapter 489 violations. The five-member Commission also conducts hearings, commences civil action in circuit court and orders legal and equitable relief.

The HCRC has held that unlawful discrimination under Chapter 489 can be established by proving:

1.a per

Supreme Court Gives Green Light to All–in Severance Packages – Belgium

In a recent decision, the Belgian Supreme Court has given its green light for employers to dismiss an employee and to simultaneously agree on an all-in termination package with this employee. Thus, the Supreme Court enables the employer to dismiss an employee in an efficient way that is satisfactory for both the employer and the employee.

I. Dismissal regulations in Belgium and the issue in the case presented to the Supreme Court

In Belgium, an employer has two options to terminate his employees, apart from the dismissal for serious cause. It can (i) either give notice to the employee with a notice period, (ii) or terminate him with immediate effect. The first option consists in the employee continuing to work during the notice period. During this period, he is remunerated by the employer. The second option means that the employee is entitled to a severance pay equal to the remuneration for the number of months’ notice he would have been entitled to, in case of a dismissal with a notice period.

Belgian statutory law only provides for certain minimum notice periods that must be observed by the employer. For higher paid employees, i.e. the employees whose annual gross