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 8, 2019

Puerto Rico Enacts Law Providing Unpaid Leave and Reasonable Accommodation for Victims of Abuse

On August 1, 2019, just a day prior to his resignation as Governor of Puerto Rico, Ricardo Rosselló signed into law Act No. 83, a very detailed leave statute applicable to public and private employers.

ASAP
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August 8, 2019

Full and Fair Review Requirement under ERISA Gets a Full and Fair Review

On July 15, 2019, the U.S. Court of Appeals for the Tenth Circuit touched on the new regulations governing what constitutes a “full and fair review” of a claim for benefits under the Employee Retirement Income Security Act.

WPI Report
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August 8, 2019

AB 5: The Great California Employment Experiment—A Littler Workplace Policy Institute Report

AB 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an employee or an independent contractor.

ASAP
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August 7, 2019

Puerto Rico Supreme Court Holds Act 2’s Counterclaim Bar Does Not Preclude Employer’s Independent Suit

The Supreme Court of Puerto Rico has held that Act No. 2, which bars an employer from filing a counterclaim against the employee under an expedited adjudication process, does not preclude an employer from filing a separate and independent action.

ASAP
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August 7, 2019

Colorado Court Decides Issue of First Impression on Restrictive Covenants

The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements.

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.

Insight
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August 6, 2019

Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement

In a recent case, the Court of Appeal for Ontario decided that an employee’s right to purchase shares of his employer’s parent corporation under a Shareholders’ Agreement would be governed by that agreement, including upon termination of his employment.

ASAP
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August 5, 2019

La Secretaría del Trabajo y Previsión social emite el Protocolo para la Legitimación de Contratos Colectivos Existentes

El 31 de julio de 2019, se publicó en el Diario Oficial de la Federación el Protocolo para la Legitimación de Contratos Colectivos de Trabajo existentes.

ASAP
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August 5, 2019

The Mexican Ministry of Labor Issues Protocol for the Legitimization of Existing Collective Bargaining Agreements, Requiring Employee Ratification Vote

On July 31, 2019, the Mexican Ministry of Labor issued the Protocol for the Legitimization of existing Collective Bargaining Agreements, which will require all unions in Mexico to revisit employee support for any existing collective bargaining agreement.

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