News & Analysis as of September 13, 2025

Hiring & Firing › Employment Contract

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

FTC Turns Up the Heat for Noncompete Enforcement: 5 Steps for Employers to Stay Compliant in a New Regulatory Era

Fisher Phillips on 9/9/2025

The Federal Trade Commission just launched a new era of oversight when it comes to noncompete agreements between employers and employees, and the aggressive moves from the agency are turning some heads. On Thursday, it...more

Understanding Employment Law Outside the United States for Multinational Employers – Part 1

Littler on 9/4/2025

At a Glance - Employment laws outside the United States differ in structure, enforcement, and underlying philosophy. There is no universal approach. Multinational employers should tailor their practices to meet local legal...more

New Interpretations from China's Supreme People’s Court: What Multinational Employers Need to Know

Morgan Lewis on 9/3/2025

The highest court in China recently released new interpretations regarding the application of laws in labor dispute cases, which took effect on September 1, 2025. These bring clarity to a range of employment issues in China,...more

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

Foster Swift Collins & Smith on 9/3/2025

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

New Court Ruling: Terminating a CEO’s Employment After Controlling Shareholder Changes

Barnea Jaffa Lande & Co. on 9/2/2025

Can a company dismiss its CEO after the controlling shareholder changes? This was the central question in a recent proceeding in which we represented an employer and its new controlling shareholder....more

Millions of Dollars Paid by Major Hospital Operator Due to Alleged Unlawful Training Repayment Agreements

BakerHostetler on 8/29/2025

A major U.S. hospital operator recently agreed to pay approximately $3.5 million to settle claims that it unlawfully trapped nurses in agreements requiring them to repay their employers for job-related training costs if they...more

Cinq victoires récentes pour les employeurs : le vent tournerait-il en leur faveur?

Blake, Cassels & Graydon LLP on 8/29/2025

Contrairement à la tendance axée sur les employés qui se dégage de la jurisprudence pour ce qui est de l’interprétation des contrats d’emploi et des ententes de rémunération, les tribunaux canadiens ont récemment rendu un...more

Five Employer Wins and Counting: Is the Tide Turning?

Blake, Cassels & Graydon LLP on 8/20/2025

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

The Million Dollar ChatGPT Mistake

Fox Rothschild LLP on 8/18/2025

I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more

10 Steps for Built-to-Sell Tech Startups to Lock Down Employment Law Compliance

Fisher Phillips on 8/15/2025

You’ve built a great product, assembled a talented team, and maybe even caught the attention of investors or potential buyers. But your code or growth metrics will only get you so far if your company is not a compliant...more

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

Stikeman Elliott LLP on 8/12/2025

The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Michigan Supreme Court Upends Shortened Limitations Periods in Employment Contracts

Husch Blackwell LLP on 8/8/2025

Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more

Colorado AG Sues PetSmart Over TRAP Contracts

Troutman Pepper Locke on 8/8/2025

Colorado Attorney General (AG) Phil Weiser has sued PetSmart LLC, alleging that its use of Training Repayment Agreement Provisions (TRAPs) violates state consumer protection and labor laws. The lawsuit reflects a broader...more

Michigan Standard Employment Forms May No Longer Hold Up in Court: 2 Steps Employers Should Take Now

Fisher Phillips on 8/6/2025

The Michigan Supreme Court just ruled that many boilerplate forms employees sign on day one – sometimes known as adhesive employment agreements – are no longer automatically enforceable if they shorten the timeframe for...more

How to Address Applicants' Noncompetes During the Hiring Process

Parker Poe Adams & Bernstein LLP on 7/25/2025

Imagine this: You are filling a senior level position. You review hundreds of resumes, conduct dozens of screening interviews, and coordinate final interviews of the top candidates. After selecting the company’s top choice,...more

End to six-month cap on unlawful termination compensation in small businesses for Jobs-Act-governed relationships

A&O Shearman on 7/24/2025

On July 21, 2025, the Constitutional Court, with Judgment No. 118/2025, declared the constitutional illegitimacy of Article 9, paragraph 1 of Legislative Decree 23/2015. With this decision, the court deleted the strict...more

New Texas Bill Expands Limitations on Non-Competes for Healthcare Employers: What You Can Do to Prepare

Fisher Phillips on 7/23/2025

A new law in Texas will cause a seismic shift in the scope and enforceability of non-competes for healthcare professionals. SB1318, which takes effect on September 1, expands protections currently afforded only to physicians...more

Status Update: Ontario Court Upholds RSU Forfeiture Provision, Despite Employment Agreement Violating the ESA

Stikeman Elliott LLP on 7/17/2025

In the recent Wigdor v Facebook Canada Ltd. and Meta Platforms, Inc., 2025 ONSC 4051 decision (the “Decision”), which has not yet been reported, the Ontario Superior Court of Justice upheld the enforceability of restricted...more

Colorado Lawmakers Were Busy in 2025 – What Employers Need to Know

Fisher Phillips on 7/17/2025

Colorado was once again busy this legislative session – and employers need to adjust their practices in order to adapt to some key new laws soon to take effect. We have highlighted below a few of the critical changes that...more

Employment Contracts in Japan: A Quick Guide

Ius Laboris on 7/16/2025

Understanding employment contracts in Japan is essential for ensuring compliance and maintaining fair workplace practices. In this article we outline the key legal requirements and best practices for employers to follow....more

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on 7/14/2025

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Florida Clinches Spot as Most Enforcement-Friendly State for Non-Competes: 3 Steps Employers Should Take Now

Fisher Phillips on 7/10/2025

Florida just enacted a new law that seals its status as the most enforcement-friendly state in the country for non-compete and garden leave agreements. The “Florida Contracts Honoring Opportunity, Investment, Confidentiality,...more

UK government announces more changes to Employment Rights Bill

Hogan Lovells on 7/9/2025

The UK government announced further changes to the Employment Rights Bill. These include a ban on NDAs that seek to prevent workers speaking out about discrimination and harassment. Changes to the fire and rehire rules...more

Will Florida’s New Non-Compete Bill Attract Tech Companies to the Sunshine State? A Thought Experiment

Fisher Phillips on 7/8/2025

Florida just enacted a game-changer of a law that makes it the friendliest state in the country for enforcing non-competes – and could also revolutionize how tech companies view the Sunshine State as a place to set up...more

Constructive Dismissal Pitfalls in Employment Law: Five Key Factors for Employers

Blake, Cassels & Graydon LLP on 7/7/2025

Constructive dismissal risk continues to be a key concern for Canadian employers, particularly in the context of operational changes. Courts treat a constructive dismissal as a dismissal without cause when an employer’s...more

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Hiring & Firing › Employment Contract

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