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  • Article

    Military Government Contractor And Health Care Network Sued For Independent Contractor Misclassification

    On October 2, 2012, a class action lawsuit was filed against MHN Government Services and its parent, Managed Health Network (MHN), claiming that the government contractor misclassified over 1,200 employees as independent contractors and, as a result, failed to pay massive amounts of overtime pay required under the federal wage and hour law.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The 2014 Budget and Independent Contractor Misclassification: "Preventing and Detecting Misclassification of Employees as Independent Contractors" Remains a Funding Highlight in President Obama’s Newest Budget

    One of the "funding highlights" listed in the section of the Budget covering the Department of Labor is to "Maintain support for agencies that protect workers' wages, benefits, health and safety, and invest in preventing and detecting the misclassification of employees as independent contractors."
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Financial Services Alert

    On January 18, 2013, the Consumer Financial Protection Bureau issued a final rule implementing an amendment to the Equal Credit Opportunity Act that revises Regulation B’s provisions regarding appraisals in connection with a consumer’s application for a loan secured by a first lien on a dwelling.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Oregon Court Of Appeals Holds General Contractor Cannot Offset Costs Of Repairing Subcontractor’s Defective Work After Subcontractor Is Terminated "For Convenience" Without An Opportunity To Cure

    This action arose from a payment dispute between a general contractor, Catamount Constructors, Inc., and one of its subcontractors, Steelwood Construction, Inc.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    FTC Summarizes A Year Of Change In Its Data Security Orders

    Since the end of 2018, the Federal Trade Commission has reportedly been considering how to strengthen the injunctive relief imposed in orders in data security cases.
    United StatesTechnology
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Ont. Super. Ct. Summarily Dismisses Slip And Fall Claim Because No Objective Evidence Of An Unsafe Condition And No Breach Of Maintenance Obligations

    Posted in Occupiers' Liability In Hamilton v. Ontario Corporation #2000533 o/a Toronto Community Housing Corporation, Ontario Superior Court Justice Sanfilippo summarily dismissed this occupiers' liability...
    CanadaLitigation, Mediation & Arbitration
    Hughes Amys LLP
    Hughes Amys LLP
  • Article

    COVID-19 And WSIB Claim Costs

    Public Health Ontario publishes weekly epidemiological summaries regarding COVID-19 in Ontario. The most recent report, published October 7, 2022, noted a gradual increase...
    CanadaCoronavirus (COVID-19)
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    A Refresher On Employment Agreements

    Employment agreements are essential in the workplace, and keeping up to date with changes in the law and precedents can be a challenge.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable

    The Arbitrator provided the employer with a window to address and update the Policy given her decision.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    British Columbia Court Of Appeal Finds Canada Emergency Response Benefit Not Deductible From Wrongful Dismissal Damages

    On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Court Awards Terminated Executive Over $456,000 After Finding Employer's Conditional Severance Offer Constituted Repudiation Of The Employment Agreement

    The Ontario Superior Court of Justice recently provided important guidance regarding the repudiation of employment agreements and common law notice entitlements...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Employers Take Note: Employees Entitled To Paid Time Off To Vote In Upcoming Municipal Election

    Ontario-wide municipal elections will be held on Monday, October 24, 2022, and voting hours will run from 10:00 a.m. to 8:00 p.m. Employers should be aware that under the Municipal Elections...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    From Tweets To Termination: A University Professor's Controversial Online Conduct

    In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Court Of Appeal Upholds Waksdale – Overturns Superior Court Decision That Attempted To Distinguish It

    On June 8, 2022, in Rahman v. Cannon Design Architecture Inc., the Court of Appeal reiterated that Waksdale is supreme in Ontario.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario To Require Filed Pension Funding And Governance Policies

    On November 14, 2022, the Ontario government released the 2022 Ontario Economic Outlook and Fiscal Review – Ontario's Plan to Build: A Progress Update.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Request For Volunteer To Remove Rainbow Sticker From Name Badge Not Discriminatory, Says Human Rights Tribunal Of Ontario

    In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Student Violence May Form Basis For A Teacher's Lawful Work Refusal

    A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Canadian Human Rights Commission Updates Its Complaint Rules

    On October 28, 2022, the Canadian Human Rights Commission announced that it had updated its Complaint Rules.
    CanadaGovernment, Public Sector
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Superior Court Confirms Presumptive Requirement For Statement Of Defence Prior To Certification Motion

    The proposed class proceeding in this case centered on allegations arising from the federal government's detention of non-citizen immigrants.
    CanadaLitigation, Mediation & Arbitration
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    UK Sanctions Regulator Issues Its Largest Fine To Date

    The UK Government's Office of Financial Sanctions Implementation ("OFSI") recently announced it has fined Standard Chartered Bank £20.5 million (about $25 million) for alleged breaches of sanctions.
    European UnionInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP

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