legal issues – Benefits Canada.com https://www.benefitscanada.com Canada's most influential pension and benefits publication for decision-makers Thu, 21 Nov 2024 16:25:03 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 What do employers need to know about monitoring employees in remote, hybrid working arrangements? https://www.benefitscanada.com/human-resources/hr-law/what-do-employers-need-to-know-about-monitoring-employees-in-remote-hybrid-working-arrangements/ Thu, 07 Nov 2024 14:00:48 +0000 https://www.benefitscanada.com/?p=162455 While Canadian privacy laws allow employers to track employees in a remote or hybrid working arrangement, this surveillance must be related to their job. “Employers have a proper and reasonable right to supervise their employees and ensure they’re doing their jobs and doing them safely,” says David Young, principal at David Young Law. “The flip […]

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]]> Quebec class action raising questions over DB pension liability following plan sponsor reorganization https://www.benefitscanada.com/pensions/defined-benefit-pensions/quebec-class-action-raising-questions-over-db-pension-liability-following-plan-sponsor-reorganization/ Thu, 03 Oct 2024 13:00:30 +0000 https://www.benefitscanada.com/?p=160826 A recent Quebec Superior Court decision has unleashed uncertainty over the liabilities of companies and their directors when a pension deficit appears in the context of a reorganization. The court authorized a group of defined benefit pension plan members to proceed with a $65 million class action against companies involved in a 2011 reorganization. The […]

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]]> How plan sponsors can support employees going through a divorce https://www.benefitscanada.com/archives_/benefits-canada-archive/how-plan-sponsors-can-support-employees-going-through-a-divorce/ Fri, 13 Sep 2024 12:54:42 +0000 https://www.benefitscanada.com/?p=159773 Going through a divorce can be an extremely stressful and emotional experience and, unsurprisingly, the impacts can spill into the workplace. “[Employees may be] at work but waiting for that text from the lawyer — they’re distracted on what they’re going to do next in the proceedings,” says Brent Dul, executive vice-president at Randstad Canada. […]

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]]> Bristol-Myers Squibb sued for US$2BN pension risk transfer deal https://www.benefitscanada.com/pensions/defined-benefit-pensions/bristol-myers-sued-for-2bn-pension-annuity-transfer-deal/ Thu, 12 Sep 2024 15:00:45 +0000 https://www.benefitscanada.com/?p=159968 Bristol-Myers Squibb Co. is being targeted in a lawsuit over a US$2 billion pension risk transfer deal completed in 2019 with Athene Annuity and Life Co. The class action lawsuit, filed by former employee Charles Doherty and which names independent consultant State Street Global Advisors Trust Co. as a defendant, argues the pharmaceutical company is […]

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]]> Top 5 HR, benefits, pension and investment stories of the week https://www.benefitscanada.com/news/bencan/top-5-hr-benefits-pension-and-investment-stories-of-the-week-98/ Fri, 06 Sep 2024 13:00:42 +0000 https://www.benefitscanada.com/?p=159811 An article announcing the finalists in the 2024 Workplace Benefits Awards was the most-read story on BenefitsCanada.com this past week. Here are the top five human resources, benefits, pension and investment stories of the last week: 1. Who are the finalists of the 2024 Workplace Benefits Awards? 2. Ford, Lowes among employers pulling back from DEI policies 3. 68% […]

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]]> Employees seeking alternatives to substance abuse treatment must provide evidence of effectiveness: Alberta court https://www.benefitscanada.com/human-resources/hr-law/employees-seeking-alternatives-to-substance-abuse-treatment-must-provide-evidence-of-effectiveness-alberta-court/ Wed, 04 Sep 2024 13:00:50 +0000 https://www.benefitscanada.com/?p=159727 The Court of King’s Bench of Alberta has ruled that employees who suggest an alternative to an employer’s accommodation for substance abuse treatment must provide evidence that their proposal is an effective alternative to the employer’s recommendation. “The decision confirms that an employee doesn’t get to dictate what form accommodation must take,” says Vicki Giles, […]

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]]> Federal judge rules Florida’s transgender health-care ban discriminates against state employees https://www.benefitscanada.com/news/bencan/federal-judge-rules-floridas-transgender-health-care-ban-discriminates-against-state-employees/ Wed, 14 Aug 2024 13:00:57 +0000 https://www.benefitscanada.com/?p=159170 A U.S. federal judge has ruled that Florida’s transgender health-care ban discriminates against state employees and violates their civil rights. Chief U.S. District Judge Mark Walker ruled Thursday that the state’s ban violated Title VII of the Civil Rights Act of 1964, which protects employees and job applicants from employment discrimination based on race, colour, […]

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]]> Alberta court certifies class action alleging Uber workers are employees https://www.benefitscanada.com/news/bencan/alberta-court-certifies-class-action-alleging-uber-workers-are-employees/ Fri, 09 Aug 2024 18:00:21 +0000 https://www.benefitscanada.com/?p=159013 A pair of law firms say an Alberta court has certified a class action alleging Uber Technologies Inc. has so much control over drivers and couriers in the province that it constitutes employment. McKenzie Lake Lawyers LLP and Duboff Edwards Schachter Law Corp. say the ride-hailing giant has misclassified the employment status of Alberta drivers […]

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]]> What can the Canadian pension industry learn from U.S. CAP litigation? https://www.benefitscanada.com/archives_/benefits-canada-archive/what-can-the-canadian-pension-industry-learn-from-u-s-cap-litigation/ Fri, 09 Aug 2024 12:53:28 +0000 https://www.benefitscanada.com/?p=158574 While lawsuits against Canadian capital accumulation plans are virtually non-existent, U.S. pension litigation holds several lessons for plan sponsors that are based north of the 49th Parallel. “We don’t have these lawsuits occurring [in Canada], but it does help us educate our [plan sponsor] clients in terms of what trends may be because whatever happens […]

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]]> Top 5 HR, benefits, pension and investment stories of the week https://www.benefitscanada.com/news/bencan/top-5-hr-benefits-pension-and-investment-stories-of-the-week-91/ Fri, 19 Jul 2024 13:00:29 +0000 https://www.benefitscanada.com/?p=158252 An article on an Ontario court ruling that determined an employer wasn’t obligated to preserve past service benefits was the most-read article on BenefitsCanada.com this past week. Here are the top five human resources, benefits, pension and investment stories of the last week: 1. Ontario court rules employer not obligated to preserve past service benefits 2. 49% of […]

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