News & Analysis as of

Employees Severance Pay

Stikeman Elliott LLP

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

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On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the...more

Mayer Brown

FGTS Digital to Begin Effective Operation in March 2024

Mayer Brown on

The Brazilian Ministry of Labor and Employment (“MTE”) described the Length of Service Guarantee Fund Digital (“FGTS Digital”) as “a set of integrated systems that will manage the various processes related to fulfilling the...more

Littler

Germany: Optimizing Severance Pay to Finance Early Retirement

Littler on

Little known and therefore little used in Germany is the option of providing pension contributions instead of severance pay. If an employee has plans to retire early, or if a mutually agreed termination of the employment...more

Poyner Spruill LLP

Broad Confidentiality and Non-Disparagement Provisions in Release Agreements Subject to NLRB Scrutiny

Poyner Spruill LLP on

On February 21, the National Labor Relations Board (NLRB) issued an opinion with significant implications for confidentiality and non-disparagement provisions in employers’ severance and release agreements with departing...more

McDermott Will & Emery

Extended Notice and Required Severance: Impending Expansions to New Jersey’s WARN Act

McDermott Will & Emery on

On December 19, 2022, the New Jersey Senate passed Assembly Bill No. 4768 (A-4768), which, when effective, will implement a drastic expansion to New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Legislature Passes Bill to Set the Effective Date of Amendments to the New Jersey WARN Act

On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Littler

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

Littler on

In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

Faegre Drinker Biddle & Reath LLP

Reforms to Puerto Rican Labor Law Reinstate Employee-Friendly Measures

On June 20, 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (“the Act”). The Act rolls back certain changes brought about by the Labor Transformation and Flexibility Act (“LTFA”). The LTFA was enacted in 2017 in...more

K&L Gates LLP

New UAE Labour Law

K&L Gates LLP on

INTRODUCTION - The United Arab Emirates (UAE) recently published its new Federal Labour Law No. 33 of 2021 (New Law), which repeals Federal Labour Law No. 8 of 1980 (Previous Law). The New Law comes into effect on 2 February...more

Faegre Drinker Biddle & Reath LLP

Employers – Check Your Severance Arrangements Now!

If employees are required to provide proof of COVID-19 vaccination or a timely negative COVID-19 test, and/or wear a mask as a condition of employment (COVID-19 Policies), and an employee is terminated for violating a...more

Bressler, Amery & Ross, P.C.

“New” Amendments to New Jersey's WARN Act Will Likely Become Effective on September 11, 2021

As we discussed in a prior alert from last April, in an effort to provide some much needed reprieve to employers in light of the COVID-19 pandemic, New Jersey passed a bill that delayed the effective date of several...more

Epstein Becker & Green

Mandatory Severance on the Horizon Under Proposed Amendments to NJ Warn Act

A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

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