Canada: The Latest From The Court Of Appeal On Constructive Dismissal

Morgan v. Vitran Express Canada Inc.  provides a useful reminder as to the state of the law on constructive dismissal in Ontario.

Vitran employed Morgan as a dock supervisor for almost 25 years.  In that capacity, Morgan had supervised 22 men on a dock, sharing that responsibility with other dock supervisors. Vitran then changed his job to “freight analyst”, a position created specifically for him, which was described by the trial judge as a job […]

By | May 15th, 2015 ||

United States: EEOC Issues Long-Awaited Proposed Rule On Employer Wellness Programs

On April 18, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule on the treatment of employer wellness programs under the Americans with Disabilities Act (ADA). The proposed rule amends the ADA regulations and interpretive guidance to address the use of incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or medical examinations. While the rule provides a degree of certainty in the design and administration of wellness […]

By | May 15th, 2015 ||

United States: California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for employers on the “character, general reputation, personal characteristics, or mode of living” of prospective and current employees. In the course of furnishing consumer reports to employers, CRAs must comply with specific disclosure, certification, and notice requirements.

A few months ago, we blogged […]

By | May 15th, 2015 ||