United States: Sixth Circuit Finds Faulty Handbook Bars Employer From Challenging Employee’s Eligibility For FMLA Leave

The Sixth Circuit recently held that a Michigan county agency was barred from arguing that its employee was ineligible for leave under the Family and Medical Leave Act (FMLA), because the employee relied on an inaccurate description of FMLA eligibility requirements contained in the agency’s personnel manual when he commenced the absence that led to his termination.

In Tilley v. Kalamazoo County Road Commission, although the employer did not have 50 employees within 75 miles […]

By | February 10th, 2015 ||

United States: Relying On Duran, California Court Of Appeal Upholds Denial Of Certification In Alleged Misclassification Action

The recent California Court of Appeal decision in Mies v. Sephora U.S.A., Inc., Case No. A139410 (1st App. Dist., Feb. 2, 2015) (unpublished) joins a growing number of cases finding the existence of uniform corporate policies, standing alone, is insufficient for class certification.  Mies upheld the trial court’s decision denying certification in a misclassification case alleging retail store “Specialists” were misclassified as exempt.

The putative class consisted of approximately one hundred Specialists employed at one […]

By | February 10th, 2015 ||

Blowing The Whistle: The OSC Proposes Canada's First Whistleblower Program

On February 3, 2015, the Ontario Securities Commission (the “OSC”) issued a Consultation Paper1 seeking input on a proposed Whistleblower Program (the “Program”). The Program follows similar approaches previously adopted by the U.S. Securities Exchange Commission and the Canada Revenue Agency, and is designed to encourage reporting to the OSC of misconduct or possible breaches of Ontario securities law. Reporting will be encouraged through whistleblower protection and financial incentives of up to $1.5 million. […]

By | February 10th, 2015 ||