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.

ASAP
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August 5, 2019

GDPR Certification Is Coming to the UK…

Want a certificate for all your hard work on GDPR? Later this year, “certification” will come into effect as a way for both data controllers and processors subject to UK data protection laws to demonstrate compliance with the GDPR.

ASAP
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August 5, 2019

Toledo Becomes Second Ohio City to Pass Salary History Ban

Toledo, Ohio recently adopted the Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices. The ordinance generally prohibits employers or their agents from asking about, screening or relying on the wage history of applicants.

Podcast
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August 2, 2019

California AB 5 – How Significant Could One Bill Be?

This podcast explores how AB 5 – if enacted in its current form – could dramatically alter the legal landscape of California’s employment classification law.

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