Insight
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February 26, 2020

#MeToo: In Defense of Nondisclosure Agreements

Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate.

Insight
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February 26, 2020

Ontario, Canada: Court of Appeal Upholds Dismissed Employee’s Right to Damages for Value of Incentives That Would Have Vested During Reasonable Notice Period

Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada.

ASAP
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February 25, 2020

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

On February 25, 2020, the National Labor Relations Board released its long awaited final rule regarding joint-employer status under the National Labor Relations Act.

ASAP
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February 25, 2020

Starting March 1, Employers with Non-Dutch Employees Working in the Netherlands Must Provide Advance Notice

Beginning March 1, 2020, employers in countries other than the Netherlands in the European Economic Area (EEA) and Switzerland that want their employees to work temporarily in the Netherlands will be required provide advance notice.

Dear Littler
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February 25, 2020

Dear Littler: What to Do When an Employee Threatens Suicide?

One of our employees told a coworker that she is very depressed and contemplating suicide. What should we do to help our employee get the help she needs, and ensure we are meeting any duties we might have as her employer?

Insight
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February 25, 2020

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

A recent decision—concerning the wrongful dismissal claim of a contractor who worked for a business for 10 years before becoming an employee—considers key questions about the calculation of reasonable notice, when the employee later separates.

Insight
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February 25, 2020

Canada: Federal Court of Appeal Affirms Federally Regulated Employees Can Make Unjust Dismissal Complaints after Signing Releases

Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal upheld a lower court's decision that federally regulated employees can make a complaint for unjust dismissal despite signing a release and settlement agreement.

ASAP
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February 21, 2020

H-1B Cap Registration Update

The initial registration period for the 2021 H-1B visa cap will open at 12 p.m. ET on March 1, 2020 and run through 12 p.m. ET on March 20, 2020. USCIS will use the myUSCIS online portal to conduct the electronic H-1B registration process.

ASAP
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February 21, 2020

Puerto Rico Department of Treasury Grants Tax Exemptions for Employer-Provided Payments and Certain Benefits to Employees and Independent Contractors Related to the Recent Earthquakes

On February 20, 2020, the PR Treasury issued Internal Revenue Circular Letter No. 20-08 granting employers temporary income tax exemptions over payments and certain benefits made to employees and contractors related to the recent earthquakes.

ASAP
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February 21, 2020

Puerto Rico Treasury Department Issues Post-Earthquake Rules for Qualified Retirement Plan and IRA Distributions and Loans

The Puerto Rico Treasury Department has issued guidance providing special rules and procedures applicable to distributions from qualified retirement plans and individual retirement accounts following the recent earthquakes.

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