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Salesperson Exemptions: How They Apply to Your Business
Correctly classifying salespeople for overtime exemption is critical. It hinges on job duties and location, not titles or commission. Key differences: California demands a strict ">50% outside" time test. The US federal standard is a more flexible "primary duty" analysis. Ontario & Alberta use an interpretive "normally made away from" test, often making remote staff non-exempt due to the "home office trap." Misclassification carries severe financial risks from back pay, fines
Trudy Seeger
Sep 215 min read
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Balancing Health and Accommodation: Turkesterone and Workplace Obligations
Employee use of supplements like Turkesterone creates complex legal duties. Your obligations are governed by 3 key areas: Human Rights Codes, requiring you to accommodate potential disabilities (including dependence) to the point of undue hardship; Occupational Health & Safety acts, mandating a safe, impairment-free workplace; and Employment Standards, governing fair discipline. Focus not on the substance, but on objective job performance and safety. Follow the accommodation
simonmorris557
Sep 207 min read
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What is Considered Workplace Injury? Navigating Workplace Disputes: Employment Law v. Employee Rights v. Personal Injury
Workplace disputes, from wrongful termination to harassment and wage issues, can turn a job into a legal battle. Employment law sets standards to protect employees and define employer obligations. When physical or psychological harm occurs, the line between a workplace injury (covered by WSIB) and a personal injury can be blurry. Understanding the intersection of employment law, employee rights, personal injury claims is vital. We further explores how to determine if an injur
dukeanna555
Sep 207 min read
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Is Lawyer Representation Mandatory: Small Claims v. Superior Court v. HRTO and OLRB?
In Ontario, businesses must choose proper legal venue. The accessible Small Claims Court is for claims up to $35,000; its process is simplified, companies can self-represent. The formal Superior Court of Justice handles serious, complex cases with no monetary limit, but almost always require corporations to be represented by a lawyer. Specialized Administrative Tribunals resolve specific human rights or labour issues, allowing companies to use a lawyer, an agent, or self-repr
Tony Wong
Sep 184 min read
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Employment Law Ultimate Guide for Business Owners and Employees
In Ontario, business law's architecture of corporate personality and contractual freedom is in constant tension with employment law's protective mandate. From M&A deals reshaped by successor rights to the piercing of the corporate veil for director liability and the creation of new worker categories, employment law consistently looks beyond form to substance. This analysis dissects this critical interplay, a must-read for navigating modern corporate risk.
Anna Duke & Tony Wong
Jul 2015 min read
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