ASAP
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September 21, 2023

Ontario, Canada Appeal Court Upholds Refusal to Impose Constructive Trust Over Proceeds of Sale of Property Owned by Defrauding Employee’s Wife

A recent Ontario Court of Appeal (OCA) decision demonstrates the process an employer may be expected to undertake to recover employee-stolen funds when the proceeds of the fraud are traced to the assets of a “stranger to the fraud.”

ASAP
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September 19, 2023

OSHA Finds Highway Shooting of Employee to Be Work-Related and Recordable

In a recently published interpretation letter, OSHA opined that an employee’s gunshot injury—sustained when a motorist collided with three other cars, shot the employee-driver, and stole the company’s truck—was work-related and recordable.

Insight
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September 19, 2023

New York State Proposes Regulations for Pay Transparency in Job Advertisements

Earlier this year, New York State joined a growing number of states and cities that have passed laws mandating salary disclosure when advertising open positions. The NY DOL recently published proposed regulations for this new law.

ASAP
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September 19, 2023

Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision.

ASAP
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September 15, 2023

New Jersey Adopts Changes Affecting Service Employees During Changes in Ownership

Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.

ASAP
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September 15, 2023

Nearly Every Employee in Portland, Maine Entitled to Hazard Pay Due to Hurricane Lee Emergency Declaration

On September 14, 2023, Maine Governor Janet Mills declared a state of emergency due to Hurricane Lee’s anticipated landfall on the Pine Tree state, triggering a costly hazard pay measure for nearly all employers in Portland.

ASAP
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September 15, 2023

NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes

A recent NLRB complaint has clarified that it is the NLRB General Counsel’s opinion that employee and customer non-solicitation agreements violate the NLRA.

Insight
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September 14, 2023

OSHA Announces Options for National Heat Stress Rule

On August 24, 2023, as part of its ongoing heat illness prevention rulemaking effort, the OSHA released various options for inclusion in a proposed rule to address heat injury and illness prevention in outdoor and indoor work settings.

ASAP
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September 13, 2023

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of authorized employment.

Insight
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September 12, 2023

New California Fast Food Worker Law Would Raise the Minimum Wage, Establish a “Fast Food Council,” and No Longer Fund the Industrial Welfare Commission

Proposed legislation would create a new “Fast Food Council” with limited authority to recommend employment regulations, set $20/hr minimum wage for workers in this industry, and allow the IWC to remain de-funded.

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