Canada: New Leaves of Absence Under The ESA

Effective October 29, 2014, Bill 21 will come into force, adding three entirely new leaves of absence to the existing list of authorized leaves under the Employment Standards Act 2000 (the “ESA” or the “Act”).

Current leaves under the ESA include “pregnancy” and “parental” leaves, “organ donor” leave, “personal” and “declared” emergency leaves and “reservist” leave. The Act specifies the criteria required to qualify for, and the permitted duration of these leaves of absence.
New Leaves […]

By | October 30th, 2014 ||

United States: 5 Best Practices For Lawfully Monitoring Your Employees' Social Media Activities

Christin Choi’s article “5 Best Practices for Lawfully Monitoring Your Employees’ Social Media Activities” was featured inPhiladelphia Business Journal on October 27, 2014.

Now, companies must be vigilant about ensuring that employees are not disclosing confidential or proprietary information through social media, or using it to harass other employees or engage in otherwise unlawful conduct. At the same time, companies must also be sure not to invade any privacy concerns that may exist on the […]

By | October 29th, 2014 ||

United States: Including PAGA Representative Action Waivers In Arbitration Agreements Post-Iskanian

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to retain such waivers in their arbitration agreements.  The answer to whether such waivers should be retained is not as straightforward as one might expect.

First of all, notwithstanding Iskanian, it is not a foregone conclusion that such waivers are unenforceable. Several California Federal District Court […]

By | October 29th, 2014 ||