United States: Is There A Duty To Mitigate Emotional Damages?

Our post the other day about plaintiff/employee’s requirement of mitigating damages in employment discrimination cases drew some good comments, posted below.

But before we get to the comments, we wanted to discuss the duty to mitigate emotional damages.

Is There A Duty To Mitigate Emotional Damages?

We previously wrote about a case of apparent first impression in which a court held that that the duty to mitigate does notextend to emotional damages, because while Title VII explicitly requires […]

By | November 22nd, 2014 ||

United States: Health Plans Without Significant Hospitalization Or Physician Services Coverage Do Not Satisfy The Affordable Care Act’s Minimum Value Requirement

Applicable large employers who are subject to the employer shared-responsibility provisions of the Patient Protection and Affordable Care Act (“ACA”) should consider the consequences of offering group health plans that do not provide significant coverage for in-patient hospitalization services or that do not provide significant coverage for physician services (or both) – this is the message that the Department Health and Human Services and the Department of Treasury (the “Departments”) sought to convey in […]

By | November 21st, 2014 ||

Canada: British Columbia Court Of Appeal Puts A Price On Non-Competition Provisions

Given the ever-increasing mobility of today’s workforce, employers need to protect themselves from the damage that can be caused by departing employees.  The traditional view of Canadian courts towards restraints of trade is skeptical. The characterisation of a contractual provision as being a restraint on trade is very important in this regard.  Once a clause is so designated, Canadian courts will strictly scrutinize it and will not hesitate to strike it down should the […]

By | November 21st, 2014 ||