The highlights of these changes, which now apply throughout Canada except Quebec (with the exception of increased processing fees) are as follows.
Under Michigan law (MCL 445.774a) one of the required elements for having and enforceable non-compete agreement is the presence of a “reasonable competitive business interest.”
This past week the US Department of State announced, through its Bureau of Consular Affairs, that Embassies and Consulates are experiencing technical problems with the passport and visa system.
The U.S. Department of Labor FMLA Branch Chief Helen Applewhaite recently announced the agencies’ renewed focus on conducting more on-site compliance investigations (“pivotal year for FMLA enforcement”).
1. Aftermath of Noel Canning
The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional. Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling. Administrative actions taken by the Board and the former Acting General Counsel, Lafe Solomon, could also be affected by the decision. Interestingly, Member Craig Becker, whose term in office was also effectuated via recess appointment, was deemed to be properly-appointed in a recent decision by an Administrative Law Judge, so presumably cases issued during his tenure are unaffected.
On July 1, 2014, the United States Supreme Court granted certiorari in Young v. UPS, Inc. to decide “whether and in what circumstances, an employer that provides work accommodations to nonpregnant employees with work limitations must provide work accommodations to pregnant employees who are ‘similar in their ability or inability to work.’”
Here is a list of five rights provided to employees under the California LaborCode that the employee may not waive by agreement with an employer.
Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris Christie’s desk. It’s still sitting there, so no news on that front. However, New Jersey employers will likely soon be dealing with additional hiring process restrictions because also sitting on Governor Christie’s desk is legislation aimed at prohibiting discrimination against the unemployed.
Earlier this week, in a 3-1 decision in Macy’s Inc., the NLRB applied its controversial Specialty Healthcare decision in holding that an appropriate bargaining unit consists of employees in the cosmetics and fragrances department at a Boston-area Macy’s store, one of 11 store departments, and excludes all other sales employees at the store.