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In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more
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
I have been an ERISA attorney since 1998. More than half my career now has been in my practice for 15 years this April. For about a three-year run from 2007-2010, I had three different jobs, and the whole process of working...more
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
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
For several years, the French Supreme Court has been uncertain regarding the inclusion of stock options and restriction stock units (RSUs) in the termination indemnities (severance and notice period payment) calculation base....more
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
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
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
On May 11, 2022, the French Supreme Court issued two long-awaited decisions on the statutory scale of indemnification—i.e., the Macron scale—currently applicable in cases of dismissal without cause....more
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
On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more
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
Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more
Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....more
Significant Changes to Employment Act, Effective April 1, 2019 - New Legislation Enacted - Significant changes to the Employment Act (Cap. 91)(the EA) came into force on April 1, 2019. The EA now applies to managers and...more
Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more