News & Analysis as of

Good Faith Employment Contract

Seyfarth Shaw LLP

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

Seyfarth Shaw LLP on

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

Rivkin Radler LLP

FTC Issues New Rule to Abolish Non-Compete Agreements

Rivkin Radler LLP on

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements...more

Constangy, Brooks, Smith & Prophete, LLP

Employment law and Aesop

Morals based on a real court decision. My law partner Jon Yarbrough alerted me to a recent court decision that is full of little gems for employers. I thought I'd break the decision down into "true fables," each with a...more

Dickinson Wright

Good Faith and Fair Dealing in Canadian Employment Law

Dickinson Wright on

Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s...more

Littler

Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith

Littler on

In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more

Proskauer - Labor Relations Update

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Littler

Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

Littler on

It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

Bennett Jones LLP

Alberta Court of Appeal Revisits Contractual Good Faith Principles

Bennett Jones LLP on

The organizing principle of good faith and the duty of honest contractual performance laid down by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin] do not give courts the ability to review the fairness of...more

Saul Ewing Arnstein & Lehr LLP

Fourth Circuit Affirms Jury’s Rejection of Advice of Counsel Defense - Shedding Light on the Conditions for Good Faith

The Fourth Circuit recently affirmed a $237 million jury verdict against Tuomey Healthcare System under the False Claims Act (FCA) for claims stemming from Stark Law violations. The Stark Law violations stemmed from part-time...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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