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August 19, 2019

The New York SHIELD Act: What Employers Need To Know

As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on businesses.

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August 13, 2019

Illinois’ New #MeToo-Inspired Law Creates Sweeping Employer Obligations

In line with recently passed legislation in New York and California, Illinois’ legislature rallied to create a bill that would help increase employee protections by combating discrimination and harassment in the workplace.

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August 12, 2019

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

On August 9, 2019, the National Labor Relations Board published a Notice of Proposed Rulemaking proposing three amendments to its representation election regulations.

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August 12, 2019

Minneapolis Follows the State’s Lead and Enacts its Own Wage Theft Ordinance

On August 8, 2019, the Minneapolis City Council unanimously passed the Wage Theft Prevention Ordinance, creating new requirements for Minneapolis employers and giving the Minneapolis Department of Civil Rights enforcement power.

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August 12, 2019

Circuit Courts Grapple With the Permanence of Retiree Health Benefits Under Collective Bargaining Agreements

On August 7, 2019, the Second Circuit handed down the latest decision in a series of cases across the country on a company’s obligation to provide lifetime health care to retirees.

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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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