Member Blogs

In a welcome win for defendants litigating claims under the Illinois Biometric Information Privacy Act (“BIPA”), earlier this month a Northern District of Illinois magistrate judge denied a plaintiff’s motion to compel communications between defendant Union Pacific Railroad Company (“Union Pacific”) and the vendors that provided it with fingerprint-activated security gates. Fleury v. Union Pac. R.R. Co., No. 20 C 390, 2024 WL 1620613, at *4-6 (N.D. Ill. Apr. 15, 2024). In so doing, the court implicitly affirmed that, in a BIPA lawsuit, the common interest doctrine presumptively protects the...

On April 23, 2024, the Federal Trade Commission issued a broad Final Rule that effectively bans noncompete clauses nationwide. The FTC states that noncompete clauses are an unfair method of competition and violate Section 5 of the Federal Trade Commission Act. This ban does not cover such clauses already in place for senior executives that earn more...Continue Reading…

In an open commission meeting on Tuesday, April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to ban nearly all non-compete agreements between employers and workers (broadly defined to include employees, independent contractors, and others, whether paid or unpaid). The effective date of the final rule could be on or about August 23, 2024,... Continue Reading

On February 29, 2024, the BC Financial Services Authority (“BCFSA”) released Advisory 24-003. The Advisory informs administrators of defined contribution (money purchase) plans registered in British Columbia of BCFSA’s intent to ask for certain information about those pension plans directly from fundholders.  Recall that every pension plan in British ...

Close to the World Day for Safety and Health at Work, we review some of the challenges posed by occupational risk prevention and its regulation, such as, for example, achieving its true integration into company management, the framework of corporate responsibilities, considering different types of companies or the preventive legal status of self-employed workers.  Since […] La entrada Occupational risk prevention, in adaptation phase to a new working environment apareció primero en Labor and Employment Law - Garrigues.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the May Visa Bulletin, including Final Action Dates. Continue Reading

Employers often rely on probationary periods when dismissing new employees who are not a good “fit” for their organization. But can probationary employees be dismissed for any reason? A recent decision from the BC Human Rights Tribunal provides a valuable reminder that human rights obligations apply to all employees, including probationary employees. Facts The ...