On the heels of the National Labor Relations Board’s landmark decision in Browning Ferris Industries, which found that under the National Labor Relations Act a company and its contractor can be seen as a joint employer even where the company does not exert any control over employees’ terms and conditions of employment, the Department
Enforcing employee restraints of trade after termination of employment – an update
The legal framework for post-contractual non-compete covenants is unchanged since our last post on the topic in 2013. It is nevertheless worth mentioning the following interesting court decisions which deal with the enforceability of employee restraints and the employer’s obligation to pay compensation:
- Pursuant to the statutory provisions in sec. 74 et. seq. German Commercial
Are your restraint of trade provisions enforceable in France?
In France the rules governing restraint of trade provisions in the context of an employment relationship have been established through case law. Generally speaking, restrictive covenants in an employment contract will only be considered enforceable by French courts if:
- it can be shown that the inclusion of the restriction protects a legitimate business interest; and
Enforcing employee restraints of trade in the UK
Background
The relevant English law relating to post-termination of employment restrictions (PTRs) arises from case law around the doctrine of restraint of trade, rather than statute.
The basic starting point is that PTRs are void on the basis that they amount to unlawful restraints on trade. English courts will however enforce a restriction
When the (Ministry of Labour) inspector comes knocking…
The Toronto Star recently reported that the Ontario Ministry of Labour found 238 employment standards violations in an “inspection blitz” of 304 employers in the cleaning, recreational and security industries. Almost every employer who was found to be in violation of these standards voluntarily rectified their respective issues. This is an important reminder of both
Une entente de principe dans le secteur de l’automobile au Saguenay-Lac-St-Jean
Le lock-out sévissant depuis bientôt trois (3) ans dans le secteur de l’automobile au Saguenay-Lac-Saint-Jean, un des plus longs conflits de travail au Québec, est terminé! En effet, une entente de principe est intervenue le 14 janvier 2016 entre le Syndicat démocratique des employés de garage du Saguenay‑Lac‑Saint‑Jean (CSD) (le Syndicat), représentant dans le
The News about Noise Regulation in Ontario
Under the Ontario Occupational Health and Safety Act (OHSA), there have been a number of noise regulations for specific industries, but there had not been comprehensive noise regulations. A new regulation, Regulation 381/15: Noise was approved last month which will extend the noise protection requirements to all workplaces covered by OHSA. Previously,
(Night-)Time is Money
Even though, unarguably, few employees would give up a good night’s sleep in order to work night shifts, operational necessity often dictates otherwise. Certain businesses can only remain competitive and survive in the market if they require their employees to work during night-time. Parcel services, bakeries and hospitals are just a few examples of businesses
The results of an alcohol test do not justify a dismissal if based on unenforceable internal regulations
Under French employment law, the issue of alcohol consumption at the workplace is taken very seriously as it could entail significant risks, not only for the employee and his/her colleagues, but also for the company in general (loss of productivity, reputational risks, etc.). Moreover, the employer is bound by a duty of care towards its
Texas’ new open carry law
Effective January 1, 2016, licensed Texas residents are permitted to openly carry a handgun. Specifically, the new law authorizes individuals to obtain a license to openly carry a handgun in a shoulder or hip holster, but it continues to prohibit any weapons in 9 specific locations including schools, polling places, courts and court offices, secured