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The Centers for Disease Control has ranked West Virginia as having the third highest percentage of obese adults in the United States, and the percentage of obese adults in Virginia, North Carolina and Pennsylvania rival that of West Virginia. Such a high percentage of overweight adults renders the possibility that obesity could become a protected class, and thus could become an issue to all employers ...

The United States Supreme Court has recently armed employers with two new defenses while settling an issue that may otherwise have been of fairly limited direct interest to most employers. The Court resolved a recent circuit split – the issue was largely resolved until 2009 regarding whether pharmaceutical representatives qualified as outside salesmen under the Fair Labor Standards Act ...

Deacons | August 2012

A number of laws and regulations have been promulgated in the past few years to introduce a series of changes to the PRC Labour Law, among which the key legislations are the PRC Labour Contract Law effective on 1 January 2008 and its detailed implementing regulations effective on 18 September 2008 ("Laws") ...

Lavery Lawyers | August 2012

The employer, Centre Jeunesse de Montreal - University Institute (Hereinafter the "Centre") adopted a dess code as well as a piercings, tattoos and personal appearance policy for its employees (Hereinafter the "Policy") Although the validity of the policy was contested by the CANADIAN UNION OF PUBLIC EMPLOYEES, local 4268 (Hereinafter the "Union"), the arbitrator, Mr ...

Lavery Lawyers | August 2012

On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal. This decision authorized Mr. Michel Dell’Aniello to bring a class action against Vivendi Canada Inc. in connection with revisions made unilaterally by Vivendi Canada Inc. to the group medical insurance benefits plan for retirees ...

For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class,the employer must make an adverse employment decision, and the employermust act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...

For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and the employer must act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...

Heuking | July 2012

During the ITMA Asia + CITMA 2012 in Shanghai (12th - 16th June 2012), an exhibition of worldwide fame for textile machinery manufacturers, the Belgian company Picanol NV has at a Shanghai court successfully applied for and enforced interim injunctions to stop design patent infringements against three Chinese manufacturers, Guangdong Fengkai Machinery Co., Ltd., Shandong Liaocheng Youjia Textile Machinery Co., Ltd. and Zhejiang Wanli Textile and Machinery Co ...

PLMJ | July 2012

The real estate sector is among the most important in Mozambique and enjoys incentives from the State. Access to land is crucial to investment in this sector.As land in Mozambique is the property of the State and, for this reason, cannot be sold, mortgaged or charged, besides occupation, the only vehicles the law provides for access to land are the right to use and benefit from land - Direito de Uso and Aproveitamento da Terra  “DUAT”) or Special Licences ...

Haynes and Boone, LLP | July 2012

Employers who consider arrest and conviction records when making employment decisions should be aware that the Equal Employment Opportunity Commission (the "EEOC") has issued new enforcement guidance regarding the issue ...

PLMJ | July 2012

  Third Amendment to the Employment CodeLaw 23/2012, which was published on 25 June, introduces the third amendment to the Employment Code. The new legislative text results, to a great extent, from the commitments made by the Portuguese State in the Memorandum of Understanding of 17 May 2012, and its aim is to improve employment legislation by updating, organising and speeding up processes ...

Delphi | June 2012

As a consequence of a number of copyright rulings from the CJEU, the Swedish threshold of originality requirement is being superseded by an EU originality criterion. In this article, Henrik Bengtsson, IP expert at Delphi in Stockholm, reports on the development and the possible impact on the harmonisation of Swedish copyright law ...

Delphi | June 2012

When a company acquires a minority share in a competing company, legal issues concerning price-fixing, market sharing, exchange of information etc. may arise if the companies in question do not continue to regard each other as competitors. This situation has recently been tried in a judgment from the Stockholm District Court where the coach tour operators, Scandorama and Ölvemarks were ordered to pay fines of SEK 6.8 million and SEK 4.6 million respectively ...

Delphi | June 2012

The question of liability for the work environment is increasingly in focus as are the demands on those parties who are responsible for knowing what applies and for taking action in accordance with these demands. Below, we address two aspects of the work environment issue and the importance of both investigating and being aware of the applicable provisions. I ...

Lavery Lawyers | June 2012

A commercial lease does not end on the sole basis that the lessee declares bankruptcy; to the contrary, the Bankruptcy and Insolvency Act (“BIA”) provides that the property of the bankrupt, including the lease, is vested in the trustee. In fact, the terms of the lease are what make it possible for the lessor to terminate the lease should the lessee declare bankruptcy ...

Lawson Lundell LLP | June 2012

Employers and employees in B.C. will soon benefit from a long-awaited and wide-ranging overhaul to the Pensions Benefits Standards Act (PBSA). Significant changes to how pensions are structured and administered in B.C. have followed the passing of Bill 38 on May 31, 2012. The Bill repeals and replaces the PBSA, which has remained largely unchanged since it was first introduced in 1993 ...

Lavery Lawyers | June 2012

In a recent decision, Jean C. Omegachem Inc.1. The Court of Appeal answered that question by ruling that an employee's refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of employment, is not a just and sufficient cause for dismissal ...

Shoosmiths LLP | June 2012

Employers preparing for the phasing in of the new pensions auto-enrolment regime should not overlook their data protection obligationsBackground: the new pension regimeFrom October 2012 a new pensions regime will start to be phased in which will eventually require all employers in the UK to automatically enrol eligible staff into some sort of pension scheme and, importantly, for the first time, to pay minimum contributions ...

Ellex Valiunas | June 2012

The European Convention on Human Rights applies also to legal entities.As a result, businesses and organisations can address the European Court of Human Rights if they consider that their human rights, guaranteed under the European Convention on Human Rights, have been violated. Although not rare in Europe, this option is still new and not widely used by companies in the Baltics ...

Lavery Lawyers | June 2012

On February 29, 2012, the Quebec Court of Appeal reversed the judgment of the Quebec Superior Court that had dismissed the motion to authorize the bringing of A Class Action filed by Mr. Michel Dell'Aniello ("Dell'Aniello") in connection with changes made unilaterally by Vivendi Canada Inc. ("Vivendi") to the extended medical insurance benefits plan for retirees.  THE FACTS In 1977, The Seagram Company Ltd ...

Agreements to compel the resolution of most employment related disputes are enforceable under the Federal Arbitration Act (FAA). The courts, including the United States Supreme Court, have mandated the enforcement of arbitration agreements in employment cases under the FAA provided the agreements are fair, provide due process, and enable employees to preserve all the rights and remedies that they would have been entitled to in a court of law. See Circuit City Stores Inc. v. Adams, 532 U.S ...

A religious organization has a constitutional right to make decisions about the hiring and firing of its “ministers” under the First Amendment. In a recent U.S. Supreme Court decision, Hosanna-Tabor Evangelical Church and School v. E.E.O.C., 132 S.Ct. 694, 2012 WL 75047 (2012), the Supreme Court ruled that religious organizations can assert the “ministerial exception” under the First Amended to bar employment discrimination suits by those who can be considered “ministers” of the organization ...

The U.S. Equal Employment Opportunity Commission (EEOC) has long contended that when employers use criminal histories to make employment decisions, they run the risk of violating Title VII of the Civil Rights Act by basing their decision on information that has an unfair impact on minorities. The EEOC recently stepped up its enforcement efforts and publicly settled with Pepsi for $3.13 million over the beverage company’s use of a blanket exclusion policy of people with criminal records ...

On May 26, 2011, in Chamber of Commerce of the United States of America et al. v. Michael B. Whiting et al., 131 S.Ct. 1968 (2011), the Supreme Court of the United States upheld states’ rights to mandate use of the employment verification program (E-Verify) organized by the United States Department of Homeland Security (DHS) and Social Security Administration (SSA) ...

Employers, imagine that your employees’ use of Facebook and Twitter is akin to being at the controls of a forklift. Consider the employee who is angry because he has not been adequately trained and is tired of having to be on call 24/7, or the employee who is upset because she believes overtime is being unfairly distributed among company personnel ...

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