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Employment Contract Employee Benefits

Wiley Rein LLP

Fifth Circuit Holds Carve-Back Provision Could Not Overcome Breach of Contract Exclusion for Louisiana Wage Payment Act Claim

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The United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a breach of contract exclusion barred coverage for a judgment awarded to two employees who were not paid severance as required...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Finds Certain Virtual Stock Option Forfeiture Clauses May Unreasonably Disadvantage Employees

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht or BAG) held in Case No.: 10 AZR 67/24 that certain forfeiture clauses in General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen or...more

Dechert LLP

Virtual Employee Participation Programs (EPSPs): Important Developments in German Case Law Impacting Vesting Rules

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Employee participation programs are generally subject to sec. 305 ss. of the German Civil Code (BGB) governing the content control of general terms and conditions (GTC) if they are provided by the employer and were prepared...more

Bennett Jones LLP

BC Court of Appeal Confirms that the Duty of Honest Performance Does Not Extend to Pre-Contractual Dishonesty

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In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations....more

King & Spalding

VSOPs – the End of Bad Leaver Clauses in Germany?

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Virtual Stock Option Plans (VSOPs) are a common tool used by companies to incentivize employees by linking part of their compensation to the company’s long-term success. Unlike traditional stock options, VSOPs do not grant...more

Orrick, Herrington & Sutcliffe LLP

Lapse of Virtual Stock Options in the Event of Voluntary Resignation – Good Leaver or Bad Leaver?

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht) ("FLC") ruled that a provision in an employee stock option plan providing for the immediate forfeiture of vested virtual stock options in the event of...more

Littler

The Netherlands: Those Who Do Not Provide Clear Information Pay the Price

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An employer in the Netherlands has to inform an employee in writing or electronically of the key terms of employment, including any bonus plan, within one month of starting work.  This obligation to provide information ensues...more

Paul Hastings LLP

Ruling of the German Federal Labor Court on the Invalidity of Expiry Clauses in ESOP/VSOP - Applicability of the Ruling to MEPs

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On March 19, 2025, the German Federal Labor Court ("BAG") ruled that clauses that qualify as general terms and conditions and stipulate that virtual option rights that are already vested at the time of termination of an...more

Orrick, Herrington & Sutcliffe LLP

Verfall von virtuellen Optionsrechten bei Eigenkündigung – Good Leaver oder Bad Leaver?

Das Bundesarbeitsgericht (BAG) hat am 19. März 2025 (10 AZR 67/24) entschieden, dass eine Regelung in einem Mitarbeiterbeteiligungsprogramm unwirksam ist, die einen Verfall von gevesteten virtuellen Optionsrechten bei einer...more

FordHarrison

Pay Equity: Dawn Staley’s Big Dance to Becoming the Highest-Paid Coach in Women’s College Basketball History

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With brackets finalized and March Madness well underway, it is probably a safe bet that many of you have the University of South Carolina’s women’s team heading to the NCAA Tournament’s final game. As of this writing, the...more

Stikeman Elliott LLP

The North American Trade Dispute: How to Manage Workplace Challenges for Canadian Employers

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As our readers will already be aware, since the new U.S. Administration took office on January 20, 2025, it has both proposed and implemented tariffs (the “U.S. Tariffs”) which have posed significant threats to the Canadian...more

Blake, Cassels & Graydon LLP

Droit de l’emploi au Canada : Changements récents et à venir

Au cours de la dernière année, des changements importants ont été apportés à la législation en matière d’emploi un peu partout au Canada. Des mises à jour législatives majeures ont notamment été effectuées en Ontario, en...more

Morgan Lewis - Tech & Sourcing

Personnel Considerations in Outsourcing Transactions

Each outsourcing transaction has its own unique characteristics and business drivers and, therefore, will include its own deal-specific terms. A key initial consideration to think about when beginning an outsourcing...more

Dechert LLP

The Employment Rights Bill

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This briefing note outlines the key provisions of the Employment Rights Bill (the Bill), which will introduce far-reaching reforms of employment law in the UK trailed in the Labour Party election manifesto (reported in issue...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

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As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

Mintz - Employment Viewpoints

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What to Watch in Nevada’s 2025 Legislative Session: Key Employment-Related Bills

On February 3, 2025, the Nevada state legislature kicked off its latest legislative session, and state lawmakers are poised to consider several bills that could impact employers and employees, from last day pay provisions to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Littler

UK: New Rights to Neonatal Care Leave and Pay Take Effect on April 6, 2025

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The UK Government has confirmed that new rights to statutory neonatal care leave (SNCL) and pay (SNCP) will come into effect from April 6, 2025. This gives employees who have a qualifying relationship with a child born on or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hold on Tight: Last-Minute Changes to Michigan’s Earned Sick Time Act

Michigan’s Earned Sick Time Act (ESTA), scheduled to take effect on February 21, 2025, was amended on February 20, 2025, to provide additional clarity and administrative ease. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Remote Work in Puerto Rico: A Legal Update for Global Employers

Puerto Rico has recently relaxed its requirements for remote work, implementing significant changes. The first set of changes occurred in 2022 with the enactment of Law 52-2022....more

Littler

Ontario, Canada Appeal Court Dismisses Employer’s Appeal of $1.8 Million Damage Award to Retired VP

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In Boyer v. Callidus Capital Corporation, 2025 ONCA 79, the Court of Appeal for Ontario (OCA) dismissed the employer’s appeal of the motion judge’s order in Boyer v. Callidus, 2024 ONSC 20, discussed in detail here. The...more

Carlton Fields

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

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In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more

Fisher Phillips

Now May be the Time to Ask Whether Your Non-Profit’s Top Executive Should Have a Contract – 5 Key Considerations

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In a time where headlines are dominated with executive orders and political shake-ups, non-profit boards cannot afford to be distracted from leadership decisions that matter most. Your CEO plays a pivotal role in guiding your...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – January 2025

In the first instalment of 2025, our team summarises the latest UK case law and developments in employment law – and their implications for employers. The UK Government has laid new regulations relating to neonatal care...more

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