Your search returned 36 results.

ASAP
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August 12, 2019

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

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.

ASAP
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August 7, 2019

Puerto Rico Supreme Court Holds Act 2’s Counterclaim Bar Does Not Preclude Employer’s Independent Suit

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.

Insight
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August 6, 2019

Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement

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.

Insight
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June 28, 2019

Ontario, Canada: Absent Exceptional Circumstances, 24 Months is “High End” of Reasonable Notice Award for Certain Managers & Adverse Unilateral Changes to Bonus Plans Must Be Communicated

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.

ASAP
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June 27, 2019

Friendlier Skies in Rhode Island: Sunday & Holiday Premium Pay Law Held Preempted for Airlines

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.

ASAP
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June 24, 2019

Oregon’s New Workplace Fairness Act Limits the Use of Nondisclosure Agreements, Requires Written Antiharassment Policies, and Extends the Time for Filing Claims

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.

ASAP
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June 4, 2019

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

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.

ASAP
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March 22, 2019

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing.

ASAP
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March 15, 2019

Ninth Circuit Holds Tribal Employers Can Sue Non-Member Employees in Tribal Court for Torts Committed in the Scope of Employment

The Ninth Circuit recently held that Native American tribes have the authority to regulate workplace misconduct and bring claims in tribal court for torts their non-member employees commit in the scope of their employment.

ASAP
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January 28, 2019

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees for Disparate Impact Claims

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination.

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