The “Wright” Way to Draft a Termination Provision by Fraser Milner Casgrain LLP on 5/18/2012 n the recently released Ontario Superior Court of Justice decision in Wright v. The Young and Rubicam Group of Companies, it was confirmed that a termination provision in an employment agreement will not be upheld if there...more
How Will You Welcome Home Our Veterans? by Sands Anderson PC on 5/18/2012 On May 1, 2012, President Barack Obama made an unannounced visit to Afghanistan during which he and Afghan President Hamid Karzai signed the Strategic Partnership Agreement. The Agreement spells out the plan for the...more
THE LITTLER REPORT: CRIMINAL BACKGROUND CHECKS: Evolution of the EEOC’s Updated Guidance and Implications by Littler on 5/18/2012 Table of Contents: I. EXECUTIVE SUMMARY 1 II. USE OF CRIMINAL RECORD CHECKS IN EMPLOYMENT 3 A. Use of Criminal Record Checks by Employers 3 B. Role of Title VII in Use of Criminal Records 4 III. THE EEOC’S APRIL...more
Executive Entitled to Bonus Despite Breach of Fiduciary Duty by Fraser Milner Casgrain LLP on 5/18/2012 The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more
Religious Employers, The Ministerial Exception And Single Moms -- Again! by Constangy, Brooks & Smith, LLP on 5/18/2012 I wonder if there is a recognized legal specialty in the area of unwed-pregnant-moms-and-religious-schools-discrimination law. If so, I think I will qualify very soon. Happy belated Mother's Day? Not long ago, I wrote...more
Task Force Releases Guidance on Disclosure of Pension Funding Obligations in Disclosure Documents by Saul Ewing LLP on 5/18/2012 On May 17, 2012, the Public Pension Disclosure Task Force, convened by the National Association of Bond Lawyers, released its report which offers guidance for municipal bond issuers (and those who assist such issuers) in...more
Premarital Sex is Not Protected Under Title VII - But Pregnancy Is by Akerman Senterfitt on 5/18/2012 Premarital sex is not protected activity under Title VII. But it can lead to pregnancy, which is a protected status under Title VII. Which raises the question: can an employer use an employee’s pregnancy as evidence of...more
Can You Get Fired for Working Too Much? by Dinsmore & Shohl LLP on 5/18/2012 You recently read an article stating that a court found that a major national retailer owes overtime pay for work performed "off the clock" by workers in 27 stores. News reports talk of a $50 million price tag for a...more
Employment Law Alert -- May 2012 by Ruskin Moscou Faltischek on 5/18/2012 In this Issue: "Update: New Federal Legislation Proposed Banning Request for Personal Passwords" and "EEOC Updates Guidance on Use of Arrest and Conviction Records" Excerpt from "Update: New Federal Legislation...more
HHS Mandated Employer Health Insurance Requirements Begin August 1, 2012 - Do you need to comply? by Gammon & Grange, P.C. on 5/18/2012 This week, the Franciscan University of Steubenville became the first university to cease offering health insurance to its students in response to what has become known as the "HHS Mandate." As many religious employers are...more
Personal and Professional Email: Access to Information Requests by Fraser Milner Casgrain LLP on 5/18/2012 When a government employee uses workplace email to send and receive personal email, are those emails subject to disclosure under access to information laws? What about when a government employee uses a personal email...more
Legal Alert: Minnesota Supreme Court Expands Sexual Harassment Cause of Action under State Law by Ford & Harrison LLP on 5/18/2012 Executive Summary: Yesterday, the Minnesota Supreme Court concluded for the first time that a cause of action exists under the Minnesota Human Rights Act (MHRA) for a hostile work environment based on sex without evidence...more
The New NRLB Rules: What is the Current Status? by Davis, Brown, Koehn, Shors & Roberts, P.C. on 5/18/2012 On May 15, 2012, the Federal District Court in Washington, D.C. enjoined effect of the new NLRB election rules, noting in the opinion that the the National Labor Relations Board did not have a legal quorum voting when the...more
Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment by Cullen and Dykman LLP on 5/18/2012 Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries,...more
Judge Rules Hostess Must Maintain Teamsters Union Contract by Joel Glucksman on 5/18/2012 Judge Rules Hostess Must Maintain Teamsters Union Contract by Joel R. Glucksman on May 18, 2012 A recent court ruling will prohibit Hostess Brands Inc. from terminating its union contract with the Teamsters, a move that...more