Blog

Ontario: The Fine Line between “Owner” and “Constructor”
February 14, 2019
One of the most complex issues under Ontario OH&S law relates to determining which party on a construction project is the “constructor” within the meaning of the OHSA.
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Extraordinary Employee Misconduct: Saving Nude Pictures to Work Computer!
February 13, 2019
Many people use their personal cell phones for work. And as a matter of habit, they may plug their cell phones into their work computer – maybe to sync it or charge it. But what they aren’t thinking about is that the work computer backs up the content on the phone. All. Of. It.
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Requiring Employees to Arbitrate Claims Can Keep Employers Out of Court
February 12, 2019
Arbitration agreements require individuals to litigate their disputes before an arbitrator instead of in court in front of a jury.  Some believe that a sympathetic plaintiff can sway a jury.
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The Duty of Fair Representation for Public Sector Unions in the Wake of Janus. A Recent District Court Ruling May Signal Change
February 12, 2019
On February 22, in anticipation of the Supreme Court’s ruling in Janus that fair share fees for public sector employees are unconstitutional, the International Union of Operating Engineers, Local 150, filed a lawsuit seeking to strike down an Illinois law that compels the union to represent employees who decline to become dues-paying union members.
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CMS Employment Practice Group Guides to Dismissals - Europe, Asia & Latin America
February 11, 2019
CMS is happy to share with you the 2019 edition of the CMS Guides to Dismissals.
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Supreme Court Rings in the New Year with Two Arbitration Decisions
February 8, 2019
In January 2019, the Supreme Court of the United States issued two decisions affecting workplace arbitration agreements.
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Another State Finds No Federal Preemption of Its Medical Marijuana Law
February 7, 2019
Employer obligations to consider the use of medical marijuana as a reasonable accommodation just got murkier with a new case out of Delaware, Chance v. Kraft Heinz Foods Co., decided in December 2018.
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Washington Planning to Increase Exempt Status Salary and Revise Other White Collar Exemptions
February 7, 2019
Many may recall that in 2016, the Obama administration’s Department of Labor issued new rules proposing a significant increase in the minimum salary required to qualify for a white-collar exemption.
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EEOC Issues Information Regarding Impact Of Shutdown On Operations
February 6, 2019
The EEOC has issued information to inform employers and charging parties about the impact of the shutdown on the EEOC’s operations.
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Another Obama-Era NLRB Precedent Bites the Dust: A Swing Back Toward the Importance of “Entrepreneurial Opportunity” in Independent Contractor Analysis
February 5, 2019
On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the role of entrepreneurial opportunity in the test to determine whether individuals are independent contractors.
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9th Circuit Finds Violation Of Fair Credit Reporting Act
February 4, 2019
The Ninth Circuit Court of Appeals recently ruled that an employer violated the disclosure requirements of the Fair Credit Reporting Act (“FCRA”) in the case of Gilberg v. California Check Cashing Stores, LLC.
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NLRB General Counsel Changes ULP Charge Deferral Policy
February 4, 2019
National Labor Relations Board General Counsel Peter Robb recently issued new guidelines to all NLRB Regional Offices concerning a change to one part of the Board’s deferral procedures – a change that is favorable to employers.
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