Insight
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August 25, 2022

Ontario, Canada Court Decides Employment Contract’s Unenforceable Confidentiality and Conflict-of-Interest Clauses Invalidated All Termination Provisions

Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable.

Insight
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August 22, 2022

Can Even Stranger Things Still Happen? Florida is Blocked From Enforcing “Stop-WOKE” Law… For Now

Following a series of stops and starts, Florida’s Individual Freedom Act (IFA), or the so-called “Stop-WOKE” law, was partially enjoined on August 18, 2022.

Insight
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August 22, 2022

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

On August 19, 2022, OFCCP published a Federal Register notice advising employers that in response to a FOIA request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.

Insight
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August 22, 2022

British Columbia Tribunal Finds Employer that Unilaterally Removed Employee on Maternity Leave from Management Position Liable for Discrimination and Constructive Dismissal

The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence.

Insight
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August 22, 2022

Alberta Court of Appeal Finds Employee Must Express Lack of Consent to Employer’s Unilateral Reduction of Compensation Quickly to Claim Constructive Dismissal

A recent Alberta Court of Appeal decision relating to constructive dismissal assesses the timing of an employee’s objection to an employer’s unilateral reduction of their compensation.

ASAP
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August 19, 2022

Minnesota Legalizes THC Products, Germinates New Drug-Free Workplace Issues

In a move that surprised even some lawmakers who passed the bill, Minnesota recently became the latest state to legalize some form of marijuana for recreational use.

Insight
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August 19, 2022

OFCCP Revises Compensation Analysis Directive But Leaves Questions About Documentation Created Under Attorney-Client Privilege

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022.

ASAP
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August 18, 2022

The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria

On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act and the Rehabilitation Act protect individuals with gender dysphoria.

Insight
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August 17, 2022

New York State Announces Health Care and Mental Hygiene Worker Bonus Program Requiring Employers to Administer Bonuses

New York launched its Health Care and Mental Hygiene Worker Bonus Program aimed at rewarding and retaining frontline healthcare and mental hygiene workers. The first deadline for employers’ submissions comes up on September 2, 2022.

Insight
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August 17, 2022

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

An Alberta court used the oppression remedy to hold corporate directors personally liable for damages for wrongful dismissal after they transferred the corporate assets, ceased operations, and incorporated a new entity to provide the same service.

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