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HTMLThe Supreme Court Rules on the Employer’s Obligations When an Employee Gives Notice of Termination
Anna Jankowska; McCarthy Tétrault LLP;
Legal Alert/Article
September 1, 2014, previously published on August 14, 2014
On July 25, 2014, the Supreme Court of Canada overturned the judgment of the Quebec Court of Appeal in Asphalte Desjardins Inc. and Commission des normes du travail (Commission). In this case, the employee in question had been working for his employer since 1994. On Friday, February 15, 2008, he...

 

HTMLHuman Rights Tribunal Asks Complainant to Pay Respondent’s Legal Costs
Maggie Campbell; Davis LLP;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
On August 15, 2014, the BC Human Rights Tribunal (the “Tribunal”) released its decision in Ma v. Dr. Iain G.M. Cleator and another, 2014 BCHRT 180 (“Cleator”), where it ordered the complainant to pay a portion of the respondent’s costs. In doing so, the Tribunal sent a...

 

HTMLNew Jersey Adopts “Ban the Box” Law
Obermayer Rebmann Maxwell Hippel LLP;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
On August 11, 2014, New Jersey joined a growing number of “ban the box” states when Governor Chris Christie signed into law the Opportunity to Compete Act. The Act, which goes into effect on March 1, 2015, precludes public and private employers with 15 or more employees from asking...

 

HTMLAre You in Compliance with Mandatory Workplace Posting Requirements in Ontario?
Brittany Taylor; Davis LLP;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
As of June 1, 2014 the Ministry of Labour has rolled out version 5.0 of the “What You Should Know About the Employment Standards Act” poster, affectionately known as the “ESA Poster.” Version 5.0 of the ESA Poster reflects the recent changes to minimum wage under the...

 

HTML'Asphalte Desjardins' Clarifies Obligations of Québec Employers Upon Resignation of an Employee
Melissa Gaul, André C. Giroux; Davis LLP / Davis SENCRL/SRL;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
On July 25, 2014, the Supreme Court of Canada released its highly anticipated decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc. (“Asphalte Desjardins”) clarifying the obligations of Québec employers in the context of employee resignations....

 

HTMLIs a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”
Brandon T. Willenberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and Iskanian). Class/collective action waivers in arbitration agreements...

 

HTMLMaryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from Employers Failing to Pay Overtime
David Barmak; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 21, 2014
More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim.

 

HTMLCalifornia Court Interprets Vague Language in Arbitration Agreement in Favor of Employee
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Rebolledo v. Tilly’s Inc., No. G048625 (July 8, 2014): In a recent decision, a California Court of Appeal held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage and hour claims. The court held that a...

 

HTMLMichigan’s Minimum Wage Goes Up 9/1/14
Melissa J. Jackson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On May 27, 2014, the Minimum Wage Law was repealed and replaced by the Workforce Opportunity Wage Act. One of the changes in the Workforce Opportunity Wage Act is that minimum wage will be increased in steps over the next four years:

 

HTMLAppellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 22, 2014
Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the date of the adverse employment action. This ruling ¿ the first of...

 


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