Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
WorkSafeBC Seeks Feedback On Proposed Workplace Harassment, Violence, Psychological Health And Safety Requirements
WorkSafeBC has launched a public consultation on proposed amendments to the Occupational Health and Safety Regulation that would introduce comprehensive new requirements for addressing workplace harassment, violence, and psychosocial hazards. The proposed Part 4.1 would replace current provisions with an expanded framework requiring employers to develop harassment prevention programs, implement control measures for violence incidents, and identify and assess psychosocial hazards that could expose workers to
Canada Employment
ML
McMillan LLP
Article
Are Staffing Agencies Misclassifying Healthcare Workers?
Worker misclassification is a growing issue facing healthcare professionals. In 2022, the U.S. Department of Labor’s Wage and Hour Division identified violations, including instances of worker misclassification, in 80 percent of its reviews of residential care, nursing facilities, home health services, and other health-sector institutions. Individuals such as travel nurses, per diem aides, and allied health professionals are among the most at-risk of being misclassified as independent contractors, which may have direct, adverse implications on affected workers.
United States Employment
MS
Miller Shah
Article
Colorado Employers: Are You Complying With New Legal Requirements Restricting Retention Of Employee Identification Documents?
Colorado employers must now navigate new restrictions on handling government-issued identification documents during the hiring process. House Bill 26-1283 introduces strict time limits on retaining original IDs and mandates written notices to employees about their rights, fundamentally changing how businesses verify employment eligibility while completing Form I-9.
United States Employment
FL
Fennemore
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Labour and Employment

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Retirement, Superannuation & Pensions

Article
IRS Issues New Guidance On Rollovers
The Treasury Department and IRS have introduced a new standardized framework for direct rollovers between retirement plans and IRAs, featuring a five-step process with sample forms designed to simplify what has historically been a fragmented and paper-heavy system. While adoption remains voluntary and no formal safe harbor exists yet, this initiative addresses longstanding inefficiencies in rollover procedures that have caused participant confusion and delays.
United States Employment
GL
Groom Law Group
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Outsourcing

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Unfair/ Wrongful Dismissal

Article
When Is A Protest In The Workplace Not A “Workplace” Protest? NLRB Backs Microsoft’s Termination Of Employees Who Organized Gaza Demonstration
When employees organize workplace protests about external political issues, can employers lawfully terminate them for policy violations? A recent NLRB Advice Memorandum examines whether Microsoft's discharge of two employees who protested the Gaza war on campus was protected under the National Labor Relations Act, offering critical guidance on when activism loses legal protection due to insufficient connection to workplace concerns.
United States Employment
PR
Proskauer Rose LLP
Article
RSU Forfeiture Revisited: Ontario Court Of Appeal Provides Important Guidance For Employers
The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w
Canada Employment
BJ
Bennett Jones LLP
Article
Ontario Court Of Appeal Limits Equity Forfeiture On Termination
A recent Ontario Court of Appeal decision establishes that restricted stock units (RSUs) constitute a "term or condition of employment" under the Employment Standards Act, potentially entitling terminated employees to continued vesting during their notice period. The ruling in Wigdor v. Facebook Canada Ltd. resulted in a US $4.7 million award and raises critical questions about whether standard forfeiture clauses in RSU agreements can lawfully cut off vesting upon termination.
Canada Employment
LL
Lerners LLP
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Whistleblowing

Article
The State Of The World’s Whistleblower Laws, Protections, And Rewards
Whistleblower protection has evolved significantly since the UN Convention Against Corruption in 2003, yet the scope of protections and rewards varies dramatically across jurisdictions. From the robust reward systems in the United States and South Korea to the EU's protection-focused directive and emerging programs in Ghana, countries have taken vastly different approaches to encouraging and safeguarding those who expose wrongdoing.
United States Criminal
MS
Miller Shah
Article
What Sloan v. Cape Regional Medical Center Teaches Employers About Defeating Vague CEPA Whistleblower Complaints
New Jersey's Conscientious Employee Protection Act (CEPA) is one of the broadest whistleblower statutes in the country, but employers have tools to defend against claims that fail to meet specific legal requirements. The Appellate Division's recent decision in Sloan v. Cape Regional Medical Center illustrates how CEPA's identification requirement operates in practice, demonstrating when plaintiffs must cite specific legal authorities and what happens when they cannot.
United States Employment
JL
Jackson Lewis P.C.
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