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Compensation & Benefits Hiring & Firing Employer Liability Issues

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

Benesch on

Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Ius Laboris

‘Cumulative’ Maternity Dismissal Compensation

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The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law....more

Stikeman Elliott LLP

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

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On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

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The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Troutman Pepper Locke

Navigating Noncompetes: A Comprehensive Guide – Part 1 – Hiring to Firing Podcast

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In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners...more

A&O Shearman

Key Considerations for Employers in a Liquidity Crisis (Including With Respect to Silicon Valley Bank Closure)

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The recent closure of Silicon Valley Bank (the “SVB Closure”) has created liquidity issues for many employers, which in turn may impact their ability to, among other things, timely pay employees and operate their compensation...more

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Robinson & Cole LLP

Key Preparation for 2023: A Roundup of Critical New York State Labor and Employment Legislation from 2022

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A number of important New York labor and employment law developments from 2022 should be top of mind as employers ease into 2023. State legislators paid significant attention to anti-discrimination and anti-harassment...more

Littler

Employment Law Update 2023: New Compliance Obligations for the New Year

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2022 is coming to a close, and the new year will be here before we know it.  While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still...more

Pullman & Comley - Labor, Employment and...

All Tricks, No Treats: 250,000 Reasons Why Employers Must Act Quickly to Comply with NYC’s New Salary Transparency Law by November...

Beginning on November 1, 2022, most employers advertising jobs in New York City, including Manhattan, the Bronx, Brooklyn, Queens, and Staten Island, will be required to include the salary range for every advertised job....more

Miller Nash LLP

Comp & Benefits Info Must Be Included In Washington State Job Postings Starting January 2023

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Beginning January 1, 2023, covered employers who post job openings in Washington will be required to include compensation and benefit information with the postings, pursuant to a new statutory provision added to Washington’s...more

Littler

Alberta Court of Appeal Finds Employee Must Express Lack of Consent to Employer’s Unilateral Reduction of Compensation Quickly to...

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Kosteckyj v Paramount Resources Ltd, 2022 ABCA 230 is an important Alberta Court of Appeal (ABCA) decision relating to constructive dismissal, as it assesses the timing of an employee’s objection to an employer’s unilateral...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Miller Nash LLP

Washington Update: Comp & Benefits Info Must Be in Job Postings Starting 2023

Miller Nash LLP on

Beginning January 1, 2023, Washington employers with at least 15 employees will be required to include compensation and benefit information with postings for job openings. Currently, covered employers who have initially...more

Conn Kavanaugh

Late Payment of Wages Means Triple Liability for Employers Even If Wages Are Paid Before Suit is Filed

Conn Kavanaugh on

On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) dispelled the notion that employers can avoid triple liability for late payment of wages under the Massachusetts Wage Act, M.G.L. c. 149, § 148 (“Wage Act”),...more

Littler

British Columbia, Canada Court Decides CERB Payment Should be Deducted from Damage Award for Wrongful Dismissal

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In Reotech Construction Ltd. v Snider, 2022 BCSC 317 (Reotech), the Supreme Court of British Columbia found that the trial court erred when it did not deduct the employee’s $9,000 Canada Emergency Response Benefit (CERB)...more

Polsinelli

New York City to Require Disclosure of Salary Range in Job Advertisements

Polsinelli on

Beginning on May 15, 2022, employers in New York City must begin listing salary ranges in any advertisements for jobs, promotions, or transfer opportunities. The new measure is the latest in a nationwide trend of state and...more

Orrick, Herrington & Sutcliffe LLP

Orrick's 101 Employment Law In Germany - Legal Q&A | Non-compete Clauses

This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more

Quarles & Brady LLP

Equal Pay: The Emerging Legal Landscape

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Over the course of the past year, several states—including Colorado, Connecticut, and Rhode Island—have proposed and passed novel pay equity legislation. The impact of these laws is notable, including because they subject...more

Fisher Phillips

Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act

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Colorado’s Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. While the Colorado Department of Labor and...more

Littler

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

Littler on

In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more

Cranfill Sumner LLP

When Benefits Run Their Course

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In the case of Dunbar v. Acme Southern, the employee sustained a compensable injury in 1998. He entered a settlement agreement to resolve all indemnity benefits.  The agreement allowed the employee’s medical compensation to...more

Littler

The Netherlands: Court Awards Damages to Manager Properly Fired for Misconduct Due to Unfair Investigation

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A recent Dutch Court of Appeal decision demonstrates the importance of conducting a fair investigation into charges of employee misconduct. The court in this case awarded “immaterial” damages to a manager whose job was...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

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