2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the FTC and NLRB, as well as in multiple state legislatures.
On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA).
On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of the anti-SLAPP law.
On December 12, 2023, California’s Labor Commissioner revised its FAQs to address changes that will occur on January 1, 2024, to the Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick and safe leave law.
On December 14, 2023, the Cook County Board of Commissioners passed the Cook County Paid Leave Ordinance, which converts the pre-existing Cook County Earned Sick Leave Ordinance into an ordinance requiring general paid leave.
The British Columbia Court of Appeal has upheld the dismissal of an employee’s wrongful dismissal claim and the finding that his surreptitious recording of conversations with his colleagues justified the termination of his employment for just cause.
Alberta court finds an employee placed on unpaid leave for failing to comply with the employer’s reasonable, mandatory COVID-19 vaccination policy was not constructively dismissed.
There have been more developments in the trade union world since our last trade union round-up just a few months ago, none of which are likely to be particularly welcome by trade unions.
On November 30, 2023, Canada’s federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023, which would implement proposals in the 2023 Fall Economic Statement.
