General Business Civil Procedure Labor & Employment

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

Reach Out And Designate Someone?

The seemingly staid world of retirement plan beneficiary designations was surprised by a recent federal appeals court decision suggesting that a new beneficiary could be designated by a telephone call. ...more

Supreme Court Rules No Presumption of Lifetime Vesting of Retiree Health Benefits

The Supreme Court overturned the Sixth Circuit’s long-standing Yard-Man presumption, ruling that courts should apply ordinary contract principles to determine whether benefits have vested....more

How to Protect Corporate Attorney-Client Privilege – Defense Fails in Sex Discrimination Case

Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee....more

Maryland Appeals Court Casts Doubt On Forum Selections Clauses in Wage Payment Disputes

Recently, the Maryland Court of Appeals took the position, albeit in dicta, that the state’s Wage Payment and Collection Law reflects a “strong” public policy of Maryland and urged Maryland courts to reject as unenforceable...more

Australia: Update: Terminating a sportsperson’s contract for private conduct (the Todd Carney case)

Last year, we published a blog update regarding an incident involving Todd Carney that led to the termination of his contract with the Cronulla Sharks Football Club. In our update, we mentioned that it appeared no hearing had...more

The GPMemorandum, Issue 191

In this Issue: - Georgia Federal Court Rejects Franchisees' Supply Chain Kickback Claims arbit - Court Holds Nonexclusive Forum Selection Provision Is Not Barred By The Minnesota Franchise Act - Courts...more

Second Circuit Vacates Class Certification Order, Applying Various State’s Laws Precludes Finding Of Predominance And Superiority

The Second Circuit vacated a class certification order issued by the Southern District of New York, finding that Rule 23(b)(3)’s predominance and superiority requirements could not be met given the necessity of applying 27...more

"Employed" in Name Only – An Employer’s Duty to Provide Work

Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. ...more

Are Restrictive Covenants in Sale Agreements Enforceable?

The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45)....more

What Employers under Collective Bargaining Agreements Should Know about the Decision in M&G Polymers v. Tackett

Recently, the United States Supreme Court undertook a significant course-correction in the vesting of retiree health benefits under collective bargaining agreements (“CBAs”). ...more

SCC Revisits Constructive Dismissal in Potter v. New Brunswick Legal Aid Services Commission

On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission. ...more

Tactics Kill Arb Agreement

In Roe v. SFBSC Management, LLC, No. 14-cv-03616 (N.D. Cal. Mar. 2, 2015), a federal district court in California rejected a night club’s attempt to compel arbitration by a class of performers who claimed they were...more

3 New Developments in Whistleblower Retaliation (Hint: Preventing Retaliation Takes More Than an Anonymous Whistleblower Hotline)

I find the ethics and compliance industry full of paradoxes. First, it has a reputation for being dry, dull… full of ‘heretofores’ and ‘thou-shall-nots’. But I think it’s anything but dull. Whistleblowers, bribery,...more

UK update - TUPE service provision changes become more complex with the potential involvement of multiple clients and contracts

In Ottimo Property Services Ltd -v- Duncan and another, the Employment Appeal Tribunal has decided that, where several different clients change service provider at or around the same time, each individual service provision...more

Contractual flexibility clauses must be clear and unambiguous to give an employer a right to make unilateral changes

In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employers the right to make...more

The Pension Case: The State’s Reply Brief

In their reply brief in the Public Pension Reform Act appeal, the State immediately zeroes in on what it perceives as the central difficulty of the plaintiffs’ position: the trial court’s conclusion that the Pension...more

Must a Company Reveal Trade Secrets to Prove Trade Secret Theft

When you learn a former employee has stolen your trade secrets to take them across the street to benefit a competitor, your quickest remedy is to sue him and try to shut him down through an injunction. Oftentimes, the new...more

Federal Wage Claims? That's The Easy Part!

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

Looking Forward: Canadian Class Actions in 2015

Looking Forward - Developments in the courts continue to make class actions an attractive option for plaintiffs. The sphere of risk for companies operating in Canada is expanding. It is thus no surprise that activity...more

Recent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test

Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois...more

February 2015 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

Warning to NY litigators - What privilege attaches to pre-litigation attorney statements? NY appeals court answers: qualified

New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to...more

District of Arizona: Employee’s Intentional, Incorrect, and Unreasonable Handling of Claim Subjects Insurer to Finding of Bad...

Haney v. ACE Am. Ins. Co., No. CV-13-02429-PHX-DGC, 2015 WL 58670 (D. Ariz. Jan. 5, 2015). District of Arizona: Court grants partial summary judgment on bad faith claim for failure of insurer to make retroactive...more

STOP, THIEF! - How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures

No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. ...more

Arbitration Agreements Can Backfire on Employers

It is no secret that arbitration agreements may greatly reduce the risks that many employers face in disputes with employees. For example, when used correctly, such agreements can curb exposure to class actions by forcing...more

1,028 Results
|
View per page
Page: of 42

Follow General Business Updates on: