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Insight
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October 14, 2019

Shock and Awe! California Employers Face Onslaught of New Regulations

With the usual flurry of activity at the end of the legislative session, California enacted a slew of bills with labor and employment implications. Closing out his first year in office, Governor Newsom signed more than 40 such bills on varied topics.

Insight
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October 3, 2019

Columbia, South Carolina Limits Inquiries About Applicants’ Criminal and Salary Histories

Columbia, South Carolina passed an ordinance effective August 6, 2019, limiting employers’ use of criminal background checks and banning employers from inquiring about salary history on job applications.

Insight
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September 27, 2019

Sharp Curve Ahead! An Employer’s Roadmap to Recent Legislative Developments in Illinois

The Illinois legislature has been quite active, leaving many employers wondering: “Is Illinois the new California?”

Insight
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September 23, 2019

Think Before You Tweet: Arbitrator Finds Nova Scotia Employee’s Breach of Confidentiality Agreement Absolves Employer of Payment Obligation

A recent arbitration decision out of Nova Scotia, Canada serves as a cautionary tale for employees who receive settlements upon termination.

ASAP
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September 9, 2019

Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line

The NLRB has invited briefing regarding the standards for determining whether “profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity,” should lose their Section 7 protection.

Insight
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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.

Insight
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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.

Insight
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August 12, 2019

Ontario, Canada: Enforcing Noncompetition and Nonsolicitation Clauses

When are noncompetition and nonsolicitation clauses enforceable in Canada? A recent Ontario decision examined these clauses in the context of an employment agreement.

ASAP
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August 6, 2019

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

On August 6, 2019, the 5th Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the APA in issuing its 2012 Enforcement Guidance on criminal history.

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