Contract Terms, Summary Judgment, Employment Litigation

No Trip, No Commission: Massachusetts Court Reinforces That a Commission Not Yet Due Is Not Payable – and Not Protected by the...

ArentFox Schiff on 8/29/2025

A recent decision by the Massachusetts Superior Court in Ford v. Vacationeer, LLC, et al. confirmed that commissions are not due or payable as wages until they are definitely and arithmetically determinable, and commissions...more

Ontario, Canada: Court of Appeal Upholds Dismissed Employee’s Right to Damages for Value of Incentives That Would Have Vested...

Littler on 2/27/2020

Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada....more

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on 2/26/2020

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on 2/26/2020

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

N.C. Court of Appeals Says Employer Can Require Changes to At-Will Employment Contract

Parker Poe Adams & Bernstein LLP on 3/6/2019

Formal employment contracts can be for a specific term or may be terminated by one or both parties under certain conditions. When the agreement has no set term or can be ended by either party at any time, it is considered...more

Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver

Seyfarth Shaw LLP on 8/22/2018

Seyfarth Synopsis: A collective bargaining agreement, to permissibly waive a negotiable statutory right, must do so in a clear and unmistakable manner, by mentioning either the statutory protection being waived or the statute...more