This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
A new law renders unenforceable non-disclosure and non-disparagement clauses related to allegations of sexual assault and/or sexual harassment and that are entered into “before the dispute arises.”
In Ontario English Catholic Teachers Assoc. v. His Majesty, 2022, ONSC 6658, Ontario’s Superior Court of Justice declared Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, to be void and of no effect.
In an unprecedented bid to prevent school board employees represented by the Canadian Union of Public Employees from proceeding with a strike planned for early November 2022, Ontario introduced Bill 28, Keeping Students in Class Act, 2022.
On October 14, 2022, the Pension Benefit Guaranty Corporation, the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the ERISA, published a proposed rule governing employer withdrawal liability.
The Human Rights Tribunal of Ontario recently addressed whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether it had concurrent jurisdiction over employment-related matters.
The NLRB held on October 3 that the employer’s obligation to deduct union dues from an employee’s wages and remit to the union under a collective bargaining agreement, must continue after the expiration of that collective bargaining agreement.
