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.
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.
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.
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.
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.
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.