On May 15, 2012, a federal district court judge for the District of Columbia struck down recent changes to the National Labor Relations Board’s representation election procedures, which were intended to streamline the Board’s representation election process. In response, the Board has halted implementation of these changes, which took effect on April 30, 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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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") ...
As the U.S. involvement in conflicts around the world continues to draw down, hundreds of thousands of veterans are returning to the civilian work force. In fact, more than 100,000 troops are estimated to return to the workforce in the next three years. Many of these service members were employed in the private sector prior to their military service. The Uniform Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq ...
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 ...
On June 14, 2012, the Quebec Court of Appeal confirmed the validity of the second paragraph of section 56 of the Act Respecting Industrial Accidents and Occupational Diseases1 (hereinafter the “AIAOD” or the “Act”)2. Although this paragraph establishes a distinction based on age, the Court of Appeal is of the opinion that it is neither invalid nor discriminatory. The Court came to this conclusion in particular because the appellant, Mr ...
Last summer, North Carolina adopted into law "An Act to Require Counties, Cities and Employers to Use the Federal E-Verify Program to Verify the Work Authorization of Newly Hired Employees" (the "Act"). What this means to private employers is that depending on the size of your workforce, you may be required to use the E-Verify program for all hiring. Effective October 1, 2012, all North Carolina employers with more than 500 employees must use the E-Verify program ...
Temporary Suspension of the Definition of Pension Plans (employees' deductible expenses) as those approved by the “Corresponding Authority” Provisional Suspension of mandatory use of Banking System to evidence Payments and Disbursements of Expenses Higher than Q.30,000 ...
