News & Analysis as of

Termination Notice Requirements

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

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

Stikeman Elliott LLP

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

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In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

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

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

Cozen O'Connor

Policy Alert – Subcontractor Protections Bill

Cozen O'Connor on

On February 8, 2024, City Councilmember Jim Harrity (At Large) reintroduced legislation that would implement new protections for building service workers, including subcontracted workers, who are “displaced” when the...more

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Neal, Gerber & Eisenberg LLP

Client Alert: Chicago’s New Paid Leave Ordinance: FAQs for Employers

Chicago recently passed its sweeping Paid Leave and Paid Sick and Safe Leave Ordinance, which goes into effect on December 31, 2023 – and our clients have had many questions! Here are answers to the most frequently asked...more

Morrison & Foerster LLP

ISDA Amendments to Master Agreement Relating to Default Notice Provision and Characterisation of Credit Support Annexes

As a response to member feedback relating to the COVID-19 pandemic and following a period of consultation with its members beginning in 2022, the International Swaps and Derivatives Association (ISDA) has published a number...more

Barnea Jaffa Lande & Co.

Lawful Employment Termination in a Changing Labor Market

The current changes in the Israeli economy sometimes entail a need for employers to downsize their workforces. These proceedings can be complex and require advance preparation, as well as proper, accurate, and in-depth...more

Blake, Cassels & Graydon LLP

Ontario Announces Changes to Mass Termination Rules for Remote Employees

On March 13, 2023, the Ontario government announced proposed changes to the Employment Standards Act, 2000 (ESA) that, in mass termination situations, would afford employees who work solely from home with the same notice...more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

Littler on

On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Proskauer - Law and the Workplace

NYC Council Considering Proposal To Significantly Limit At-Will Employment and Electronic Monitoring of Employees

A proposed ordinance has been introduced before the New York City Council to generally prohibit private employers from terminating employees without “just cause” or a “bona fide economic reason.” If enacted, this proposal...more

BCLP

PRC Legal Update: Termination of Employment in China and Issues to Note during Covid-19 Pandemic

BCLP on

Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....more

Verrill

Conducting Reductions In Force (RIFs): 10 Practical Tips for Employers to Avoid Lawsuits

Verrill on

We recently have observed an increase in the number of employers conducting group layoffs or “RIFs” in order to cut costs because of the economic downturn. This trend may only worsen in the coming year. Employers must be...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Cooley LLP

Colorado Expands Notice Requirements for Employees Upon Termination

Cooley LLP on

When a Colorado employee’s employment terminates for any reason, employers are required to provide certain information to the employee regarding unemployment insurance benefits. Colorado expanded employers’ notice...more

Haynsworth Sinkler Boyd, P.A.

Facebook Messenger & The FMLA

The Fourth Circuit Court of Appeals (which governs South Carolina) wrote in a recent case (called Roberts here) that an employee’s message to his supervisor over Facebook messenger might be enough to put the Company on notice...more

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

Colorado Employers - Get Ready for a Wave of New Laws

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Polsinelli

Revised Employment Termination Notice Requirements for Colorado Employers

Polsinelli on

Colorado employers in the private sector seeking to terminate an employment relationship now have additional notice obligations with respect to separated former employees, effective May 25, 2022. Specifically, Colorado...more

McAfee & Taft

FMLA does not prohibit termination for failure to comply with call-in requirements

McAfee & Taft on

Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more

Constangy, Brooks, Smith & Prophete, LLP

Employers With NC Employees, Take Note: Wage Payment Requirements Have Changed

Gov. Roy Cooper (D) has signed into law important changes to employers’ obligations to notify North Carolina employees about their wages. The changes to the North Carolina Wage and Hour Act (available here, beginning at the...more

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

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA)...more

Saul Ewing LLP

Guidance Issued on Implementation of ARPA COBRA Premium Subsidy

Saul Ewing LLP on

Group health continuation coverage under the Consolidated Omnibus Reconciliation Act of 1985 (“COBRA”) permits certain group health coverage to be continued by participants and beneficiaries (“qualified beneficiaries”) when...more

Nelson Mullins Riley & Scarborough LLP

COBRA Subsidies are Revived — Update

The American Rescue Plan Act of 2021, signed by President Biden on March 11, 2021, (“ARPA”) includes generous provisions granting eligible individuals who have lost their jobs or had a reduction in hours (and their family...more

Dechert LLP

UK Life Sciences and Healthcare Newsletter - March 2021: Granting Incentives Under U.S. Plans to UK-based Executives

Dechert LLP on

One of the most effective ways to incentivise staff, in particular senior employees, is to offer them the opportunity to purchase stock or shares in a group company. U.S. companies often operate stock and other incentive...more

Arnall Golden Gregory LLP

COBRA Subsidy Requirements Under the American Rescue Plan Act of 2021

Among many other pandemic relief provisions, the recently enacted American Rescue Plan Act of 2021 (“ARPA”) includes provisions for certain (a) COBRA subsidies, (b) extended COBRA election periods, and (c) related notice...more

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