Searching Content indexed under Litigation, Mediation & Arbitration by Littler Mendelson ordered by Published Date Descending.
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Seventh Circuit Holds That A Deceleration Of Withdrawal Liability Is Unavailable Under ERISA's Common Law
In Bauwnes v. Revcon Technology Group, Inc., the U.S. Court of Appeals for the Seventh Circuit held that the trustees of a multiemployer pension plan could not agree to an employer's installment payment plan.
United States
9 Sep 2019
AB 5 Update: California Senate Committee Advances Bill To The Senate Floor
This article is an update to prior publications from Littler's Workplace Policy Institute regarding Assembly Bill 5 (AB 5), currently pending in the California legislature.
United States
3 Sep 2019
Ontario, Canada: When An Employment Contract Is Frustrated Due To The Employee's Permanent Disability, The Employer's Duty To Accommodate Ends
Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee's
30 Aug 2019
Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated
On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp.,1 overturning its 1984 position
United States
28 Aug 2019
Illinois' New #MeToo-Inspired Law Creates Sweeping Employer Obligations
In line with recently passed legislation in New York and California, Illinois' legislature rallied to create a bill that would help increase employee protections by combating discrimination and harassment in the workplace.
United States
15 Aug 2019
Circuit Courts Grapple With The Permanence Of Retiree Health Benefits Under Collective Bargaining Agreements
On August 7, 2019, in Kelly v. Honeywell International, the Second Circuit handed down the latest decision in a series of cases across the country on a company's obligation to provide lifetime health care to retirees.
United States
14 Aug 2019
Puerto Rico Supreme Court Holds Act 2's Counterclaim Bar Does Not Preclude Employer's Independent Suit
Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico.
Puerto Rico
9 Aug 2019
Highest Court In Canada Says Substance, Not Form, Will Determine Independent Contractor Or Employee Status
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor
United States
6 Aug 2019
Moving Targets: (Possible) Delays To Texas Paid Sick Leave Ordinances
Even though it is less than 10 days before paid sick and safe time (PSST) ordinances in Dallas and San Antonio are/were scheduled to take effect, developments regarding
United States
31 Jul 2019
Ninth Circuit Withdraws Opinion Regarding Retroactivity Of Dynamex v. Superior Court, Will Certify The Question To The California Supreme Court
The court's decision sparked a wave of litigation in which current and former independent contractors sought to impose the ABC test retroactively.
United States
29 Jul 2019
Is Your Arbitration Agreement In An Employee Handbook? The Eighth Circuit Issues A Reminder: Arbitration Agreements Must Be Contracts
A properly implemented employment arbitration program can provide a variety of benefits to employers and employees alike.
United States
26 Jul 2019
Colorado Court Of Appeals Finds Vacation Forfeiture Policy Lawful
In a significant decision for employers, a Colorado appellate court recently upheld an employer's policy requiring forfeiture of accrued
United States
18 Jul 2019
What Employment Issues Did The Supreme Court Address This Term, And What's In Store For 2019-2020?
The Supreme Court's October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh.
United States
12 Jul 2019
Ontario, Canada: Absent Exceptional Circumstances, 24 Months Is "High End" Of Reasonable Notice Award For Certain Managers & Adverse Unilateral Changes To Bonus Plans Must Be Communicated
Early this year, we wrote about Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24 month
9 Jul 2019
Financial Services Employee Fairly Dismissed For Lacking Credibility As A Witness
The Employment Appeal Tribunal has ruled that employers may take credibility as a witness in tribunal proceedings into account when considering the fitness and propriety of individuals
8 Jul 2019
Second Circuit Sends Home Care Worker's Putative Class Claims To Union Arbitration On An Individual Basis
On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York's home care industry.1 In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower...
United States
8 Jul 2019
UK Court Upholds Dismissal Based On Religious Employee's Workplace Proselytising
The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust).
27 Jun 2019
Puerto Rico Supreme Court Holds Arbitration Clauses In Employment Contracts—Including Those Governing Unjust Dismissal Claims—Are Valid And Enforceable
The PRSC recently issued a judgment in José Méndez et al v. Carso Construction, 2019 TSPR 19, validating an arbitration clause that covers a claim under the Puerto Rico Unjust Dismissal statute, Local Act No. 80...
United States
18 Jun 2019
Ontario, Canada: Arbitrator Reinstates Nurse Who Misappropriated Narcotics From Patients For Her Own Use And Falsified Records To Cover It Up
Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse's Association, 2019 CanLII 43 (ON LA)
14 Jun 2019
Board Upholds Enforcement Of Pre-Hire Arbitration Agreement
The alternative dispute resolution landscape continues to evolve for employers with unionized workforces.
United States
13 Jun 2019
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