[vickyp]

in reply to: Answer for Overtime Agreements #86851

Interesting Q, Monique.
Caveat: Since I don’t know what jurisdiction you’re in, I can’t look up what your particular Labour Standards law says re: overtime procedures. I’m also not sure what Admin. Procedure you’re referring to.
What I can do, though, is offer a general answer based on the way labour standards overtime rules work.
Role of the labour standards laws: Lay out basic ground rules governing overtime arrangements.
Role of the overtime contract: Furnish the specific, operational details of the particular arrangement in accordance with the labour standards rules and restrictions.
Examples: Overtime averaging and banking. The labour standards laws explain when, if ever, such arrangements are allowed at all, whether they require govt. and/or employee approval, restrictions that apply, etc. It’s then up to the employers and employees to negotiate an appropriate averaging or banking arrangement that complies with those restrictions and secure the required approvals.
Hope that helps.
Glenn Demby, 203 354-4532

[vickyp]

in reply to: Answer for Moonlighting #86850

Your employee is dead wrong. Wrong, wrong, wrong, wrong! He does NOT have the right to do whatever he darn well wants away from work, not if he wants to keep his job with you. It’s called conflict of interest and it’s grounds for termination with cause–even if it’s not specified in a contract or employment offer.
Now I’m not telling you to fire the man, especially if he’s a valued employee. In fact, his going to a lawyer is probably the best thing that can happen. Any lawyer worth his or her salt will set this yoyo straight about conflict of interest.
Also want to be clear that my lack of love for what this guy is doing is NOT moonlighting per se but doing the same exact job as he’s doing for his ”daylight” employee. Moonlighting of any sort without permission makes it even worse.
Hope this helps and hope you can resolve this without wielding the axe.
Glenn Demby, 203 354-4532

[vickyp]

in reply to: Answer for Random Drug Testing #86849

Kathleen: NO, you CAN’T implement random drug testing under the circumstances you describe even if you wanted to. Not sure if you’ve heard, but last week, the AB Q Ct issued an injunction barring Suncor from enforcing its random drug policy on privacy grounds. And believe you me, their safety compulsion was significantly greater than the one you describe.
Remains to be seen whether Suncor injunction survives appeal but for now at least, Suncor can’t do random drug testing and neither can you. And while Suncor has a good shot at ultimate vindication for random testing, if you have no safety-related drug problems at your site, your chances of random testing (under 2013 S Ct Irving decision) are zero.
Thx.

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