Searching Content indexed under Trials & Appeals & Compensation by Littler Mendelson ordered by Published Date Descending.
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Employers May Face New Challenges And Liabilities For Violating New York's Frequency Of Pay Law
As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law.
United States
18 Sep 2019
Seventh Circuit Holds That A Deceleration Of Withdrawal Liability Is Unavailable Under ERISA's Common Law
In Bauwnes v. Revcon Technology Group, Inc., the U.S. Court of Appeals for the Seventh Circuit held that the trustees of a multiemployer pension plan could not agree to an employer's installment payment plan.
United States
9 Sep 2019
AB 5 Update: California Senate Committee Advances Bill To The Senate Floor
This article is an update to prior publications from Littler's Workplace Policy Institute regarding Assembly Bill 5 (AB 5), currently pending in the California legislature.
United States
3 Sep 2019
Ontario, Canada: When An Employment Contract Is Frustrated Due To The Employee's Permanent Disability, The Employer's Duty To Accommodate Ends
Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee's
30 Aug 2019
Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated
On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp.,1 overturning its 1984 position
United States
28 Aug 2019
Circuit Courts Grapple With The Permanence Of Retiree Health Benefits Under Collective Bargaining Agreements
On August 7, 2019, in Kelly v. Honeywell International, the Second Circuit handed down the latest decision in a series of cases across the country on a company's obligation to provide lifetime health care to retirees.
United States
14 Aug 2019
Puerto Rico Supreme Court Holds Act 2's Counterclaim Bar Does Not Preclude Employer's Independent Suit
Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico.
Puerto Rico
9 Aug 2019
Highest Court In Canada Says Substance, Not Form, Will Determine Independent Contractor Or Employee Status
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor
United States
6 Aug 2019
Moving Targets: (Possible) Delays To Texas Paid Sick Leave Ordinances
Even though it is less than 10 days before paid sick and safe time (PSST) ordinances in Dallas and San Antonio are/were scheduled to take effect, developments regarding
United States
31 Jul 2019
Ninth Circuit Withdraws Opinion Regarding Retroactivity Of Dynamex v. Superior Court, Will Certify The Question To The California Supreme Court
The court's decision sparked a wave of litigation in which current and former independent contractors sought to impose the ABC test retroactively.
United States
29 Jul 2019
Colorado Court Of Appeals Finds Vacation Forfeiture Policy Lawful
In a significant decision for employers, a Colorado appellate court recently upheld an employer's policy requiring forfeiture of accrued
United States
18 Jul 2019
Ontario, Canada: Absent Exceptional Circumstances, 24 Months Is "High End" Of Reasonable Notice Award For Certain Managers & Adverse Unilateral Changes To Bonus Plans Must Be Communicated
Early this year, we wrote about Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24 month
9 Jul 2019
Financial Services Employee Fairly Dismissed For Lacking Credibility As A Witness
The Employment Appeal Tribunal has ruled that employers may take credibility as a witness in tribunal proceedings into account when considering the fitness and propriety of individuals
8 Jul 2019
UK Court Upholds Dismissal Based On Religious Employee's Workplace Proselytising
The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust).
27 Jun 2019
Ontario, Canada: Arbitrator Reinstates Nurse Who Misappropriated Narcotics From Patients For Her Own Use And Falsified Records To Cover It Up
Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse's Association, 2019 CanLII 43 (ON LA)
14 Jun 2019
Supreme Court Holds EEOC Charge-Filing Requirement Is Not Jurisdictional
On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency)
United States
6 Jun 2019
Reducing The Risk That An Employer's Release Of Claims Is Found Unenforceable
When an Ontario employee executes a well-drafted release of claims upon termination, there may still be a risk that a court will conclude the release is unenforceable because it is unconscionable
22 May 2019
No Subpoena, No Protection?: Indiana Court Of Appeals Approves Dismissal Of Employee Who Left Work To Voluntarily Testify At Hearing
It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason.
United States
6 May 2019
Employer Prevails In FCRA Class Action In California
On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA).
United States
2 May 2019
UK: Can A Suspension Amount To Forced Resignation?
Suspending an employee during a workplace investigation is sometimes necessary. But before an employer decides to suspend a U.K. employee, it should consider several factors to reduce the risk
2 May 2019
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