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August 12, 2019

Ontario, Canada: Courts Continue to Recognize Intermediate Category of Worker

Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless apply an intermediate status.

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August 12, 2019

Ontario, Canada: Enforcing Noncompetition and Nonsolicitation Clauses

When are noncompetition and nonsolicitation clauses enforceable in Canada? A recent Ontario decision examined these clauses in the context of an employment agreement.

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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.

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August 1, 2019

UK Supreme Court Revises Test for Evaluating Post-termination Restrictions

To much fanfare and the great excitement of many employment lawyers, the UK Supreme Court recently delivered its first judgment on employment post-termination restrictions for a century.

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July 31, 2019

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

A recent Supreme Court of Canada decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor.

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July 30, 2019

Washington State Supreme Court Holds State Law Bars Discrimination Based on Obesity

Washington’s highest court has ruled that obesity is always an “impairment” under Washington’s Law Against Discrimination (WLAD), regardless of whether obesity is related to some other medical condition.

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July 26, 2019

Chicago is the Latest City to Enact a Predictive Scheduling Law

The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. The Ordinance goes into effect on July 1, 2020.

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July 25, 2019

Does Jander Signal the Liberalization of Pleading Standards in Stock-Drop Cases? Signs Point to No

In its 2019-2020 term, the U.S. Supreme Court will have an opportunity to opine on the pleading sufficiency of a duty of prudence claim under ERISA.

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July 24, 2019

Nothing Ventured, Nothing Gained: New Employment Laws in Nevada

The Nevada Legislature had a busy 80th session in 2019, enacting a vast array of new laws affecting employers. This article briefly discusses several key developments that are in effect or will become effective in the State of Nevada.

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July 23, 2019

Canada: Massive Overhaul of the Canada Labour Code Pending

A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October.

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