Canada saw significant developments in labour and employment law in 2019. Here is our Littler LLP overview of 15 key developments in 2019 with links to more detailed articles and commentary.
The California Supreme Court recently held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of California’s Private Attorneys General Act (PAGA).
New Jersey recently enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. The law substantially expands the civil and criminal recourse available for nonpayment of wages and retaliation.
The Supreme Court of Puerto Rico has held that Act No. 2, which bars an employer from filing a counterclaim against the employee under an expedited adjudication process, does not preclude an employer from filing a separate and independent action.
In a recent case, the Court of Appeal for Ontario decided that an employee’s right to purchase shares of his employer’s parent corporation under a Shareholders’ Agreement would be governed by that agreement, including upon termination of his employment.
The Ontario Court of Appeal reduced a notice period award to a separated employee, which had exceeded the normal "cap," and also held that the employer could not enforce a termination provision in a bonus plan due to lack of meaningful employee notice.
The Rhode Island Supreme Court recently held that the Airline Deregulation Act preempts Rhode Island law requiring premium pay for Sunday and holidays. This decision may allow employers in other industries to challenge the state premium pay law as well.
Oregon's new law prohibits employers from entering into agreements containing nondisclosure terms, requires employers to adopt specific written policies, and enlarges the period for filing discrimination claims.
On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a lawsuit’s claim under Title VII.
