France: New Union Agreement On Unemployment Benefits

On March 22, 2014, employer and employee unions agreed to a new agreement on unemployment benefits (Accord National Interprofessionnel) which must be approved by the French government before becoming effective. This agreement impacts the extent to which an employee’s unemployment benefits are accumulated when starting new employment and also extends the period of time before which an employee is able to receive unemployment benefits if he/she received a termination payment which exceeded the amount […]

By | May 8th, 2014 ||

Sportsbet v Carpanini – another warning about restraint of trade clauses in employment contracts

Restraint of trade clauses are often poorly drafted and frequently misunderstood. A significant proportion of restraint clauses would be unenforceable if tested.

A restraint of trade clause is void by default unless the employer can demonstrate that it is reasonable to protect the legitimate business interests of the employer. The court will consider whether the restraint is such only as to afford a fair protection to the interests of the employer, and not so large […]

By | May 6th, 2014 ||

Doctor Doctor Give Me The News, Is My Employee Fit For Duty After FMLA Leave?

On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health condition for which the employee was granted FMLA leave, so long as it is job related and consistent with business necessity.

In White v. County of Los Angeles (a copy of the order can be found here), Plaintiff […]

By | May 2nd, 2014 ||