Category Archives: Vanie Employment

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 industries including construction sites and landscaping companies along with offices that provide cleaning services.

Jobs Suitable for the General Labour Workforce

The type of tasks that a general labourer would have to do is varied once again. It is rather industry specific. While a construction site employs a general labourer to take care of a number of simple tasks that warrant a degree of physicality, there are several other jobs that require the staff to undergo some sort of training in order to complete it efficiently. However, these tasks are too simple to require advanced knowledge or a degree. Yet some general labourers may be engaged as to assist the skilled craftsmen such as carpenters and masons that provide them with an excellent opportunity of learning a trade on the job.

Their duties are diverse too and usually depends on the type of the work site. Using specialized tools such as blowtorches and power drills may be reckoned to be a part of general labour jobs Toronto at times too. Directing traffic is usually a responsibility that the general labour job entails when working on a road building project. Scrubbing the floor properly with a number cleaners and mops also happens to be a kind of general labour.

Employability

While the usual notion is that general labourers are used in construction and manufacturing industries, this is far from the truth. In fact, every industry employs the general labour force at some or the other of their existence. Companies that rely on physical labour extensively have a huge demand for such employees though with the landscaping as well as the cleaning industries leading the fray. Even indoor offices that have their day to day tasks confined to making reports and documentation do not hesitate to employ staff from the vast number of people seeking  general labour jobs Toronto. They are often asked to provide janitorial services or handle gardening jobs and even maintain the cleanliness of the office rooms.

Eligibility

The criteria for being eligible vary sharply and is again specific to the concerned area of work. True, there is no need of formal education but most organized companies prefer to take on labourers who:-

  • Have a high school diploma or GED
  • Having at least 6 months to 2 years of experience is highly preferred by the recruitment team usually
  • Being able to understand the basic principles and procedures of the process is definitely an added advantage
  • Physical fitness is of extreme importance in the industries that rely heavily on the general labour workforce
  • It is also essential to be comfortable working at heights or high stress jobs particularly in the construction industry
  • A modicum of knowledge in science and computer applications is likely to have the concerned labourer attain a superior position within a short time as well
  • Being able to drive a heavy vehicle or use a variety of tools deftly happens to be much in demand by certain industries too.

It is best to check your needs and engage a staffing company adept at hiring general labourers if your company needs to have a general labour workforce in place. 

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 important source of increased compensation.

Those currently in managerial positions should examine their day-to-day job duties and determine whether they now are spending a majority of their time managing others or performing the same tasks as those they supervise. Even though employees may have started their jobs as exempt, this doesn’t mean their status cannot change. Employees who once may not have been eligible to receive overtime pay may be surprised to discover they now are entitled to receive time and one-half and, in some cases, double time for hours worked in excess of eight hours in a day or 40 hours in a week.

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 you tell yourself. If these are familiar thoughts, you might want to re-think them. Why? Because the risk of getting caught is real. The odds of getting away with listing false information on your resume are probably, well . . . who really knows? Do you really want to find out the hard way?

There are many reasons that could prompt a human resources manager to conduct an employment background check. Maybe you are not performing your job as well as expected. Maybe a co-worker has the same credential and became suspicious when your facts did not add up during a conversation. Some companies have never experienced a dishonest employee who lied on his/her resume, and does not routinely verify work histories and the validity of credentials. In short, they have a false sense of security. Just the same, many hiring managers are keenly aware that lying on a resume is becoming a costly problem for many companies, and thoroughly check all facts even after they hire a candidate.

Sadly, it is quite common these days to learn of employee terminations because background checks revealed dishonesty. Depending on the level of the position or the severity of the falsification, this could sometimes lead to legal actions. So, before you decide to make yourself look better on paper, think again. It is not worth getting the job if you are not going to be able to live up to it or hold on to it.

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 — around 4.7 million — were computer, mathematics, or engineering-related.

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 all over Mexico are its soul. The newcomers lured by the promise of a job and a better life have reinvented this former bawdy backwater into a teeming city of more than a million people where the dream of making it can become a reality.

Its fabled 1% unemployment rate attracts men and women looking to work hard and break free of the barriers to upward mobility that are found in many Mexican cities where land is scarce and those born poor are condemned to die with nothing. Today, only 40% of Tijuana citizens were born here.

“Tijuana is the American dream for Mexicans,” said Nick Inzunza, a member of a family prominent on both sides of the San Diego-Tijuana border. “It means jobs. People come here to work hard and get ahead. It is the land of opportunity.”

Like the American dream, Tijuana’s is something of a myth. It is highly unlikely that a poor Mexican will become a millionaire here, Inzunza added.

“The last time I heard about a poor Mexican Indian who came from Oaxaca and hit the big-time was Benito Juarez, and he’s been dead a hundred years,” Inzunza said, referring to one of Mexico’s most beloved presidents. “Everybody loves that story–‘he started with nothing’–but it’s almost never true.”

Success is relative. For the newly arrived, it can mean simply having a job that can feed, clothe and shelter the family. In a country facing its worst economic crisis since the Great Depression, anything beyond that is an achievement.

So in Tijuana, most real-life Horatio Algers are like Juan Jose Espiritu, 23, who came from Guadalajara when he was 13 with his divorced mother and got work cleaning a stained-glass window studio to help support his five younger siblings.

He now earns $480 a month–the salary of many police, teachers, journalists and bank employees–creating Tiffany-style windows with peacocks and ships.

He dreams his good fortune will give his younger siblings educational opportunities he was denied. He says he won’t allow them to quit school to work, as he did.

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 some local governing bodies. However, these issues may go to the court with so much in damages being awarded to the business affected.

What Does Reselling Mean?

When someone has purchased or been given items from a company with a logo or brand that specifies that business specifically, it is considered reselling when the person sells these objects to others. This may be through the permission of the organization involved, or it could be without gaining consent. It is when this transpires and the individual pretends he or she is a representative of the business selling the clothing, property or products, that this may become a legal matter. In most instances, this is not illegal. However, if the organization discovers these actions and it was not sanctioned, the employee may be terminated. When enough merchandise is bought in this manner, it is possible that there could be economic damages to the company affected.

The right to resell purchased products that may have a copyright is already affirmed and double verified through the Supreme Court. A case was handled where the copyright owner sued for damages because a copyright work was resold by the person that bought it. In the United States, the first time an object or product is purchased, the copyright protections are removed. This permits the citizen in the country to sell the books, manuscript, play or another document to another person. As long as copies weren’t made to sell as reproductions, the original may be resold. This may even be items such as branded iPads, Nike shoes and similar purchased products.

The Owner’s Right to Reselling

The Owners’ Rights Initiative has made headway of introducing the ability to resell any product that has been legitimately purchased by a person no matter where the item came from, what company it was purchased through and what brand, logo, copyright or other legal protection originally safeguarded violations. Several online companies back the Initiative to ensure owners retain the right to sell their own items after they’ve initially bought them. However, this does not mean that persons are permitted to represent themselves as the company. If any action such as this occurs, there are potential legal concerns. This includes any website that may promote certain brands. There must be information somewhere that the site is not connected to the company unless authorization to do so has been granted.

Economic Damages to the Company and Legal Recourse

While one person reselling items purchased through the company for some side money often is not felt unless the company is small, multiple individuals or groups of sellers could accrue enough income and profit from the venture so greatly that the business is harmed. Additionally, these merchandise owners could act as generic companies that sell or resell designer clothing or other products at a serious discounted price. When the word spreads, this could lead to a loss of sales, a dip in revenue and economic difficulties for shareholders.

Provided the employee is not covered under the Owners’ Rights Initiative in the situation, it is important to contact a business lawyer to determine what may be done about the complication. There may be a settlement that could be more beneficial to both parties rather than a long drawn out lawsuit which may be thrown out if the seller is taking advantage of the Initiative.

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 welfare of employees.

Now here is what you should do after an incident that you feel might or does violate your rights.

– Take notice of anyone that might have seen the accident. These may be valuable witnesses latter.
– Take note of the time, area, and anything around you that could have contributed to the incident.
– If you are physically incapacitated, find another employee from the security or administration department and report the injury.
– If they do not offer to provide you with a form for a written statement, request one. Fill this form out to describe the incident. Even if the details are damaging toward the company…..include them!
– Make a copy of the written report and store in a safe place.
– File the report with your immediate supervisor and administration.
– Try to take photographs of where the incident occurred and anything the contributed to the incident.
– Find the people that witnessed the incident and record their names, address, telephone, etc..
– See the nearest doctor
– Request a copy of that medical record.
– Do not sign anything other than your written incident report. Any other paperwork should be delayed until you are able to speak with a lawyer.
– Contact an experienced maritime lawyer, personal injury lawyer, or personal injury lawyer that specializes in maritime law.

Also, be aware that maritime laws are different than land laws. Furthermore, cruise ships will often fall into whatever country the ship is registered in. These complications are another reason that a lawyer should be contacted immediately.

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 most importantly, the legal landscape, in determining to what extent an anti-nepotism policy is appropriate for the workplace.

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.

In Ross v. Stouffer Hotel Co., a case decided by the Hawaii Supreme Court in 1994, the Court ruled that an employer’s policy of terminating employees who married other employees working in the same department violated Hawaii’s marital status discrimination statute, unless the termination falls within one of the statutory exceptions set forth in HRS § 378-3. Specifically, the employer enforced a “no-relatives” policy after two massage therapists, Ross and Treffry, married. It asked that one of the employees either apply for a transfer to another department or resign. When neither one complied with the employer’s request, the employer terminated Ross.

In ruling that the terminated violated Hawaii’s prohibition against discrimination on the basis of marital status, the Court acknowledged that statutory exceptions to such prohibition exist under the law. One of the exceptions includes action as a bona fide occupational qualification necessary to the normal operations of a business, i.e., a “BFOQ” defense.

Accordingly, while it is clear that the Ross decision prohibits an employer from taking adverse action against an employee or applicant simply because their spouse is/will be a coworker the Court made clear such prohibition is not absolute. It is up to the employer with assistance of counsel to determine to what extent circumstances exist that would warrant asserting the BFOQ defense.

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 already residing in Belgium, then this application can be made at the municipality.

Residence permit:

Non-EU nationals wishing to remain in Belgium for over three months are subject to a visa requirement. Prior to entering the country, they will have to obtain a temporary entry visa to the Belgian diplomatic or consular authorities in the country in which they reside. If you have obtained a work permit or a professional card, a residence permit will be granted.a

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 her MySpace page that the victim had HIV. In a second posting, she said the victim was dying of AIDS. The victim complained to hospital officials of the unauthorized access. After an internal investigation the hospital terminated the defendant’s employment.

The defendant’s conduct, of course, was egregious and inexcusable. The one-year jail term handed down by the Court exceeded the term recommended by the prosecutor. Nevertheless, beyond the issue of holding the defendant accountable for her actions some may question to what extent the hospital should bear responsibility for the breaches of confidentiality that occurred.

Federal law imposes statutory burdens on health care providers to protect against the improper use or disclosure of private health information and to reasonably limit uses and disclosures to the minimum necessary to accomplish their intended purpose.

Specifically, the Health Insurance Portability and Accountability Act of 1996’s (“HIPAA”) privacy regulations became effective on April 14, 2003. HIPAA is intended to protect consumers’ health information, allow consumers greater access and control to such information, enhance health care, and finally to create a national framework for health privacy protection. HIPAA covers health plans, health care clearinghouses, and those health care providers that conduct certain financial and administrative transactions electronically.

In addition to the privacy regulations, HIPAA’s security rules became effective on April 21, 2005. Together the privacy and security regulations are the only national set of regulations that governs the use and disclosure of private, confidential and sensitive information.

Under HIPAA’s Security Rule, the standards for the protection of electronic information covered by HIPAA are divided into three groups: Administrative safeguards, Physical safeguards and Technical safeguards.
A couple of the most significant required safeguards under HIPAA are the Administrative “Sanction Policy” and “Security Awareness Training” safeguards.

The sanction policy standard requires a communication to all employees regarding the disciplinary action that will be taken by the covered entity for violations of HIPAA. The sanction policy should have a notice of civil or criminal penalties for misuses or misappropriation of health information and make employees aware that violations may result in notification to law enforcement officials and regulatory, accreditation, and licensure organizations.

The security awareness training standard requires all employees, agents, and contractors to participate in information security awareness training programs. Based on job responsibilities, the covered entity should require individuals to attend customized education programs that focus on issues regarding use of health information and responsibilities regarding confidentiality and security.

The HIPAA privacy and security regulations require a privacy officer and security officer to be designated by the covered entity. The privacy and security officer should continually analyze and manage risk by thoroughly assessing potential risks and vulnerabilities, and implementing related security measures.

The U.S. Department of Justice (“DOJ”) clarified the penalties that may be assessed and against whom for HIPAA violations. Covered entities and individuals whom “knowingly” obtain or disclose individually identifiable health information in violation of HIPAA may be fined up to $50,000, as well as imprisonment up to one year.