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September 13, 2019

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

The Seventh Circuit recently affirmed a National Labor Relations Board decision that tried to draw a line between protected strike activity and misconduct that warrants discipline or discharge.

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September 13, 2019

AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

The California legislature has passed a bill that entirely redefines the standard for determining whether a person providing labor or services for remuneration may be classified as an independent contractor rather than an employee.

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September 6, 2019

Canada: Federally Regulated Employees Can Make Unjust Dismissal Complaints Even After Signing Releases and Settlement Agreements

The Federal Court of Canada recently confirmed that an employee’s signed release and settlement agreement will not preclude a complaint for unjust dismissal, but may affect the compensation awarded if the employee was unjustly dismissed.

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August 30, 2019

Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

The Ontario Court of Appeal recently considered the important question of whether a terminated employee is entitled to be awarded damages in lieu of a lost opportunity to earn incentive plan compensation during his or her reasonable notice period.

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August 30, 2019

Oregon Adopts New Broad Paid Family Medical Leave Law

On August 9, Oregon’s governor signed into law House Bill 2005, which establishes one of the most comprehensive paid family and medical leave programs in the country.

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August 28, 2019

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to Accommodate Ends

Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability.

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August 27, 2019

Mandatory PTO Trend Continues with Bernalillo County, New Mexico Ordinance

The Bernalillo County, New Mexico Commissioners have enacted the "Employee Wellness Act," which, though originally styled as a paid sick leave law, as amended requires covered employers to provide paid time off that employees can use for any reason.

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August 26, 2019

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

On August 20, 2019, a three-judge panel of the Ninth Circuit issued an opinion permitting arbitration of a breach of fiduciary duty claim filed under the Employee Retirement Income Security Act.

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August 21, 2019

How to Manage an ICE Site Visit

The recent ICE raid in Mississippi illustrates the need for employers to adopt the proper protocol for ICE investigations.

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August 19, 2019

The New York SHIELD Act: What Employers Need To Know

As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on businesses.

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