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.
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.
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.
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.
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.
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.
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.
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.
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.