Canada: Federally Regulated Employees Do Not Have Just Cause Protection

A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated employees can be terminated without cause. The genesis for the debate lies in the wording of the Canada Labour Code which allows an employee to make a complaint where the dismissal is “unjust”. The case law has been divided on this issue, with some adjudicators interpreting this as providing just cause protection.

Most […]

By | February 19th, 2015 ||

United States: Maryland Court Signals The State's Wage Payment And Collection Law Is A "Strong" Public Policy And An Out-Of-State Employer's Choice Of Law Provision Will Not Likely Be Enforceable

On January 27, 2015, the Maryland Court of Appeals in Cunningham v. Feinberg stated in dicta that the Maryland Wage Payment and Collection Law (“MWPCL”) reflects a “strong” public policy of Maryland and urged Maryland courts to hold that future out-of-state employer’s choice of law provisions contained in employment agreements be held unenforceable under state law.  In doing so, the Maryland Court of Appeals expressly rejected several contrary holdings, including the U.S. Court of […]

By | February 18th, 2015 ||

United States: Employer Concerns Regarding The Spread Of Measles And Other Infectious Diseases

Action Item: Based on the rising number of issues related to highly communicable diseases like measles, mumps, flu, and Ebola, employers should be proactive rather than reactive in preparing and implementing an infectious disease response policy. Remember, when the issue presents itself in the workplace, it usually is at a critical point requiring immediate action and response by the employer.

The Centers for Disease Control and Prevention (“CDC”) announced recently that “[f]rom January 1 to […]

By | February 18th, 2015 ||