When Should An Employer Require An Employee To Obtain ILA?

The recent decision of the Ontario Superior Court in Mottillo v. O.E. Canada Inc. provides a useful reminder of the purpose of independent legal advice (or “ILA”) in the context of a subsequent action that tests the enforceability of a contract.

In this case, the Plaintiff entered into an employment agreement with O.E. Canada Inc. which included, as part of his remuneration, equity and profit sharing provisions.

In addition to an employment agreement, the Plaintiff signed an option […]

By | June 28th, 2017 ||

U.S. Dept Of Labor Issues Notice Of Proposed Rulemaking On Rescinding “Persuader Rule”

On June 12, 2017, the Labor Management Standards Office of the U.S. Department of Labor issued a “Notice of Proposed Rulemaking” to rescind a 2016 final rule (referred to as the “Persuader Rule”), passed under the Obama Administration, which would have required employers and labor management consultants to report to the DOL their “indirect persuader activities” with workers during union organizing campaigns. The 2016 rule marked a significant departure from the DOL’s prior, long-standing […]

By | June 26th, 2017 ||

Challenges of Enforcing Restrictive Covenants Across State Lines

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker Corporation involved a departing sales representative from Stryker, a medical-device manufacturing company headquartered in Michigan. The sales rep lived and worked in Louisiana through his company Stone Surgical, LLC and was responsible for Stryker’s South Louisiana territories. As a condition of […]

By | June 20th, 2017 ||