Canada: Case Brief: On A Partner’s Right To Claim Discrimination In Employment

On May 22, 2014, the Supreme Court ruled that a partner in a BC law firm could not invoke human rights protection against age discrimination in employment to prevent his mandatory retirement.

In McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39, the Court held that the existence of an employment relationship was determined by reference to control exercised by the employer over working conditions and remuneration and a corresponding dependency on the part of […]

By | October 19th, 2014 ||

United States: Protecting Inherited IRAs From Bankruptcy Claims After Supreme Court Decision in Clark v. Rameker

Originally published in Anderson Kill Estate Planning & Tax Advisor (Autumn 2014)

On June 12, 2014, the U.S. Supreme Court unanimously held in Clark v. Rameker (134 S. Ct. 2242) that inherited IRAs are not exempt from the claims of creditors of a beneficiary who has filed for bankruptcy. The Supreme Court held that they are not protected “retirement funds” under the Bankruptcy Code. An inherited IRA is a traditional or Roth IRA that is […]

By | October 19th, 2014 ||

United States: Applicants & Employees Can Refuse To Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records.  The law does provide for certain exceptions such as where the position requires supervisory or disciplinary authority over children.  Employers who violate the law are subject to contempt proceedings.

As a result of the new law, Louisiana employers who make criminal inquiries on their job applications should direct applicants not to […]

By | October 19th, 2014 ||