News & Analysis as of

Seniority

Amundsen Davis LLC

Breaking News Impacting Illinois Staffing Agencies & User Clients

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Friday, Governor Pritzker signed Senate Bill 3650 (SB 3650), which amends the Illinois Day and Temporary Labor Services Act (the “Act”) -- AGAIN. This is the 3rd major amendment to the Act in just over a year. The impact of...more

Ius Laboris

Self-Employment Will Count Toward Seniority

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Poland’s Ministry of Labour and Social Policy has announced the basic outlines for a draft amendment to the Labour Code regarding the calculation of seniority....more

Lippes Mathias LLP

L-1 Immigration Status: Are You Really an Executive, or Manager?

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With limited immigration options to obtain work authorization in the U.S., intercompany transferee (L-1) work authorization is a strategy used by companies operating throughout Canada and abroad to send key workers to the...more

Constangy, Brooks, Smith & Prophete, LLP

Comparable work, more protected categories: PA legislature is keeping busy

The Pennsylvania legislature is considering measures that would expand the state Equal Pay Law and the Human Relations Act. The following is a summary of the latest developments. PA EPA may be expanded to include “comparable...more

Harris Beach PLLC

New York Commissioner of Education Reminds School Districts that Tenure Appointments, Seniority Lists and Resolutions Making...

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Teacher tenure areas and seniority rights of certified employees are governed by state law and regulation. A recent Commissioner of Education decision provides a good reminder of the obligation to follow these requirements....more

Fox Rothschild LLP

NY City Council Ends At-Will Employment For Fast Food Workers

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On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more

Miller Canfield

What Happens to an Employee’s Seniority after an Asset Sale?

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In the recent decision of Manthadi v Asco Manufacturing, 2020 ONCA 485 (“Manthadi”), the Ontario Court of Appeal has clarified that an employee’s past service with their former employer does not automatically transfer to a...more

Ervin Cohen & Jessup LLP

Oppose LA City Council's Attempt to Require Companies to Hire and Layoff Based on Seniority

The below message has been posted with permission from the Beverly Hills Chamber of Commerce.  On Friday, March 27th, the Los Angeles City Council is having an emergency remote meeting to consider a new policy to require...more

Hogan Lovells

EU Trademark seniority claims: Saving costs by driving value

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By any standard, EU Trademarks (EUTMs) are excellent value costing around € 850 to register in one class (plus 50 € for the second class and 150€ for each additional class) covering all 28 member states of the EU. However,...more

Littler

California Court Rules Teacher Tenure Statutes Unconstitutional

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On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures....more

Pullman & Comley - School Law

Vergara v. California: Part Two: Is Tenure in Connecticut At Risk?

As discussed in a prior post, the recent decision in the case of Vergara v. State of California, et al., will, if upheld on appeal, eviscerate California’s public school teacher tenure law. Given that 46 states have some...more

Best Best & Krieger LLP

Judge Strikes Down California Teacher Tenure Laws as Unconstitutional - Business-as-usual for school districts while ruling is...

California teacher tenure, firing and layoff laws violate the state constitution, a judge has ruled in a closely watched case that may have significant ramifications for school districts, education departments and lawmakers....more

JD Supra Perspectives

Vergara v. California: Its Real Meaning

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The media has missed the fact that Vergara is not primarily a case about tenure....more

JD Supra Perspectives

Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

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Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers....more

BakerHostetler

Bankruptcy Court Dismisses Class Action DFR Complaint Involving Airline Merger

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One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan...more

JD Supra Perspectives

Are Teacher Tenure and Seniority Really Unconstitutional?

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If upheld on appeal, the trial court decision in Vergara v. State of California will make it easier for California school districts to keep new teachers in "at will" probationary status longer, to fire tenured teachers, and...more

Foley Hoag LLP - Trademark, Copyright &...

Hotel Dispute Gets An Extended Stay in Puerto Rico: First Circuit Case Illustrates the Limits of an Incontestable Registration

In the U.S., a senior user of a trademark can block a junior user within the geographic area of prior use, even if the junior user is the party with an incontestable U.S. federal registration. This is perfectly illustrated...more

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

Seventh Circuit Holds that the ADA Mandates Reassignment of Disabled Employees to Vacant Positions

Overruling its own precedent, the U.S. Court of Appeals for the Seventh Circuit (which covers Indiana, Illinois, and Wisconsin) recently held that the Americans with Disabilities Act (ADA) requires employers to reassign...more

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