News & Analysis as of

Conscientious Employee Protection Act

Clark Hill PLC

PFAS “Lookback” Reporting: Delayed in the US, Moving Ahead in Canada

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As regulatory activity and litigation concerning per- and polyfluoroalkyl substances (“PFAS”) continue to pick up across the U.S. and around the world, recent developments in North America highlight one of the challenges...more

Bergeson & Campbell, P.C.

Canada Begins 60-Day Comment Period on Computational Tool for Chemical Screening and Prioritization

As part of its implementation of the modernized Canadian Environmental Protection Act, 1999 (CEPA), on August 17, 2024, Health Canada published a Canada Gazette notice announcing the availability of its Science Approach...more

Marshall Dennehey

New Jersey Appellate Division Addresses the Statute of Limitations Accrual Date in a Constructive Discharge Claim Brought Under...

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Andriani v. Hudson Cnty. Sch. of Tech., No. A-1704-22, 2024 WL 464577 (N.J. Super. Ct. App. Div. Feb. 7, 2024) - This appeal involved the analysis of the accrual date in the context of a constructive discharge claim brought...more

Morrison & Foerster LLP

China Pilots Relaxed Foreign Ownership Limits for Data Center and Other Value-Added Telecom Services

China’s telecommunications regulator, the Ministry of Industry and Information Technology (MIIT), has announced a pilot scheme that would allow foreign investors to establish wholly owned subsidiaries in Beijing, Shanghai,...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Blake, Cassels & Graydon LLP

La Cour fédérale annule le décret désignant les plastiques en tant que substances toxiques

Le 16 novembre 2023, dans l’affaire Coalition pour une utilisation responsable du plastique c. Canada (Environnement et Changements climatiques), la Cour fédérale (la « Cour ») a annulé le décret du gouvernement fédéral...more

Blake, Cassels & Graydon LLP

Federal Court Strikes Down Order Designating Plastics as Toxic Substances

On November 16, 2023, the Federal Court (Court) in Responsible Plastic Use Coalition v. Canada (Environment and Climate Change) struck down the federal government’s Order-in-Council (Order) adding “plastic manufactured items”...more

Bergeson & Campbell, P.C.

Bill to Modernize CEPA Receives Royal Assent

Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (the Act), received Royal Assent on June 13, 2023. According to Environment and Climate Change Canada’s (ECCC) Backgrounder, the Act modernizes the...more

Cole Schotz

Recent Case Highlights Risks for New Jersey Employers When Terminating Employees for Cannabis Use

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On April 25, 2023, in Henson v. Daimler Truck North America LLC, Civil Case No. 22-cv-6479 (RBK/MJS), United States District Judge Robert B. Kugler ruled that the wrongful termination suit filed by an employee who was fired...more

Bergeson & Campbell, P.C.

Canada Begins Public Consultation on Draft State of PFAS Report, Proposes to Recommend Adding PFAS to CEPA Schedule 1

On May 20, 2023, Canada published a Canada Gazette notice announcing the availability of its Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Draft Report). Canada proposes to conclude that the class of PFAS...more

J.S. Held

Canada’s Oil and Gas Emissions Cap: Options for the ECCC Proposal

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Options to cap and cut emissions from the Canadian oil and gas sector were proposed by Environment and Climate Change Canada (ECCC) in July 2022. Reducing oil and gas sector emissions is necessary for Canada to achieve its...more

Stevens & Lee

Can Terminating an Employee for Quarantining Violate New Jersey’s Whistleblower and Anti-Retaliation Laws?

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In a case likely to be the first of many, a New Jersey Superior Court has ruled that an employee who takes medical leave due to COVID-19 symptoms and exposure may be protected by New Jersey’s whistleblower and...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - December 2022 - Is There Any Hope for Hong Kong to Regain its Special Trade Status with the...

It seems like it was a couple decades ago, but it was only about 5 years that I was last in Hong Kong on business. I was staying at a very nice upscale hotel (plenty to choose from) directly across from a massive port,...more

Bergeson & Campbell, P.C.

Canada Publishes NOI on the Labeling of Toxic Substances in Products, Including Toxic Flame Retardants

On October 29, 2022, Canada published in the Canada Gazette a notice of intent (NOI) announcing that it intends to propose actions under the Canadian Environmental Protection Act, 1999 (CEPA) to require the labeling of...more

Bergeson & Campbell, P.C.

Canada Publishes Draft Framework for the Risk Assessment of Manufactured Nanomaterials under CEPA

On June 17, 2022, Canada published its draft Framework for the Risk Assessment of Manufactured Nanomaterials under the Canadian Environmental Protection Act, 1999 (CEPA) for a 60-day public comment period. The plain language...more

Fox Rothschild LLP

Be Prepared for the Whistle to Blow: New York Expands its Whistleblowing Law

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New York employers should brace for the significant expansion of the whistleblower protections set forth in New York Labor Law § 740 (Section 740) under legislation (S.4394A/A.5144A) signed into law in October by New York...more

Faegre Drinker Biddle & Reath LLP

Not Every Whistleblower Is a “Whistleblower” under New Jersey’s CEPA

A recent decision issued by the Chief Judge of the United States District Court for the District of New Jersey is a reminder that not every employee who “blows the whistle” is a “whistleblower” protected under the New Jersey...more

Nilan Johnson Lewis PA

Under the California Equal Pay Act, Incentive Programs Create Disparities

The California Equal Pay Act (CEPA) recognizes a few exceptions to the general bar on pay differentials between genders: a seniority system, a merit system, a system that measures earnings by quantity or quality of...more

Blake, Cassels & Graydon LLP

Le gouvernement du Canada propose des modifications à la Loi canadienne sur la protection de l’environnement

Le 13 avril 2021, le gouvernement fédéral a déposé le projet de loi C-28, qui, s’il est adopté, modifiera la Loi canadienne sur la protection de l’environnement (1999) (la « LCPE ») et d’autres lois fédérales. Principale...more

Blake, Cassels & Graydon LLP

Canada Proposes to Amend the Canadian Environmental Protection Act

On April 13, 2021, the federal government introduced Bill C-28, which, if enacted, will amend the Canadian Environmental Protection Act, 1999 (CEPA) and other federal legislation. CEPA is the primary federal legislation...more

Genova Burns LLC

2020: The Year of the Mole? New Jersey Appellate Division Grants Employee A Second Chance to Pursue Whistleblower Claim

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In the final throws of 2020, a former Rutgers employee was granted a second chance to pursue her whistleblower claim. On December 29, 2020, the Superior Court of New Jersey, Appellate Division, in Debra Herbe v. Rutgers...more

Epstein Becker & Green

New Jersey Employers: Make Sure Your Workplace Notices and Employee Posters Are Up to Date

The year 2019 saw significant changes to New Jersey’s employment law landscape, including amendments to the Family Leave Act (“NJFLA”), the Family Leave Insurance law (“NJFLIL”), the Security and Financial Empowerment...more

Genova Burns LLC

Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity

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On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee. In Cook v. Bally's Park Place Inc., the Appellate Division affirmed the trial court’s...more

Genova Burns LLC

Lax Adherence to Internal Company Policy Supports Cause of Action Under New Jersey’s Whistleblower Law

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The Conscientious Employee Protection Act (CEPA), New Jersey’s whistleblower law, prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain...more

Dorsey & Whitney LLP

China’s Greater Bay Area Puts Hong Kong In The Lead As Super Connector To The World

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China’s open door policy is further opening up to welcome the world for business. The country is now building a landmark megalopolis on its southern coast with the name the “Greater Bay Area” (the “GBA”). ...more

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