Your search returned 88 results.

Insight
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September 7, 2022

Ontario, Canada Court of Appeal Finds Employers’ Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and Reasonably

In Bowen v. JC Clark Ltd., the Ontario Court of Appeal put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably.

Insight
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August 30, 2022

Ontario, Canada Court Strikes Employer’s Defence in Wrongful Dismissal Action After it Continuously Avoids Scheduling its Examination for Discovery

In a recent decision, an employee who commenced a wrongful dismissal action was granted an order striking the employer’s statement of defence after the employer continuously put up roadblocks regarding its attendance at examination for discovery.

ASAP
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August 12, 2022

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

A New York state court recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act. The case involved two plaintiffs – a photography business and a model – suing a high-end fashion label.

ASAP
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July 25, 2022

Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims

In a recent decision, a federal court judge held that individual FLSA settlements do not need to be approved, and parties may stipulate to dismissal under Rule 41.

ASAP
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July 5, 2022

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

A recent New Jersey appellate division case confronted the question of whether the NJLAD, as amended in 2019, prohibits certain terms in non-disparagement provisions, and concluded it does not.

ASAP
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June 10, 2022

U.S. Court of Appeals Offers Guidance on Applicability of Massachusetts Wage and Hour Laws to Out-of-State Workers

The U.S. Court of Appeals for the First Circuit recently affirmed a district court finding that the Massachusetts Wage Act did not apply to a person who mostly lived and worked in Florida.

ASAP
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June 9, 2022

A Tipster’s Refuge: Colorado Significantly Expands Health, Safety, and Fraud Whistleblower Protections

As summer starts to sizzle in Colorado, and the Colorado General Assembly closes its session, employers have seen a flurry of new laws affecting Colorado employees. Among them are now expanded protections for whistleblowers.

Insight
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June 1, 2022

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

The appellate court dismissed an appeal, agreeing with the lower court that a football player’s action for damages against a physician for misdiagnosing his injury should proceed in superior court - and not in arbitration.

Insight
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May 18, 2022

Ontario, Canada: Appeal Court Declines to Resolve Whether Employees Laid Off During Pandemic May Claim Constructive Dismissal at Common Law

On May 12, 2022, the Ontario Court of Appeal released its long-awaited decision in a case concerning whether an Ontario regulation precludes an employee who was laid off during the pandemic from claiming constructive dismissal at common law.

ASAP
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May 12, 2022

Mississippi Becomes the Last State to Enact an Equal Pay Law

On April 20, 2022, Mississippi became the last state in the nation to enact an equal pay law. The new law, which takes effect July 1, 2022, follows the liability standard of the federal Equal Pay Act.

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