Kevin MacNeill at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and...more

8/20/2025 / Agribusiness , Agricultural Sector , Appellate Courts , Canada , Employer Liability Issues , Employer Responsibilities , Foreign Workers , Occupational Exposure , Seasonal Workers , Statutory Interpretation , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

Walking the Line in Québec: Where Employer Freedom of Expression Ends and Union Interference Begins

A March 2025 Superior Court of Québec decision has sharpened the rules on what employers can and cannot say to unionized employees during collective bargaining. This article breaks down how the latest case law draws the line...more

8/12/2025 / Canada , Collective Bargaining , Employer Responsibilities , Employment Litigation , Freedom of Association , Labor Law Violations , Labor Relations , Labour Code , Statutory Interpretation , Unfair Labor Practices , Unions

Ontario Court of Appeal Clarifies Path for Secondary Picketing Injunctions

In Purolator Inc. v. Canadian Union of Postal Workers, 2025 ONCA 565, a split Court of Appeal for Ontario addressed whether a company that is not itself in a labour dispute must proceed under the specialized labour-injunction...more

8/1/2025 / Appeals , Appellate Courts , Canada , Injunctions , Interlocutory Appeals , Jurisdiction , Labor Disputes , Ontario , Statutory Interpretation , Strike , Unions

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

7/8/2025 / Appeals , Appeals Tribunals , Canada , Employee Reassignment , Employee Rights , Employer Liability Issues , Employer Responsibilities , Employment Litigation , OHSA , Pregnancy Discrimination , Reasonable Accommodation , Statutory Interpretation , Workplace Safety

Two Recent CHRT Rulings Rein in Over-Broad Human Rights Litigation - What Employers Should Know

Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more

7/3/2025 / Attorney-Client Privilege , Canada , Discovery , Employment Discrimination , Employment Litigation , Evidence , Human Rights , Human Rights Tribunals , Litigation Strategies , Privileged Communication , Proportionality , Rules of Civil Procedure , Settlement , Settlement Negotiations

Beat the Heat: What Are Ontario’s OHSA Requirements for Working in the Heat?

Recently, sweltering summer heat settled over parts of Canada, especially in Ontario. There is good reason to believe that this will happen again this summer, and will impact both workers who are outside in the sun and those...more

7/2/2025 / Canada , Employee Rights , Employee Training , Employer Responsibilities , Health and Safety , Heat Exposure , OHSA , Ontario , Proposed Amendments , Proposed Legislation , Workplace Safety

New York State Senate Bill S1514 Raises Specter of Stop-Work Orders for Employee Misclassification

On March 4, 2025, the New York State Senate passed S1514, which would empower the commissioner of labor to issue stop-work orders against employers that misclassify employees as independent contractors or provide false,...more

3/19/2025 / Commercial Insurance Policies , Employee Rights , Employer Liability Issues , False Statements , Independent Contractors , Misclassification , Misleading Statements , Pending Legislation , State Labor Departments , State Labor Laws , Stop Work Orders

New York’s Proposed Employment Contract Reforms: What Employers Need to Know

If two bills recently introduced in the New York State Legislature become law, employers across the state could face new restrictions on including certain common provisions in their employment-related agreements....more

3/7/2025 / Contract Terms , Corporate Counsel , Employee Rights , Employment Contract , Employment Litigation , Proposed Legislation , Standard Form Contracts , State Labor Laws , Unconscionable Contracts

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

3/5/2025 / Arbitration , Arbitration Agreements , Collective Bargaining Agreements (CBA) , Contract Terms , Corporate Counsel , Dispute Resolution , Employee Benefits , Employer Group Health Plans , Employment Contract , Employment Litigation , Enforceability , Pensions , Reservation of Rights , Retirement Plan , Unions , Vesting , Xerox

Kevin MacNeill

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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