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A mostly unanimous U.S. Supreme Court has ruled that a National Labor Relations Board (NLRB) request for preliminary injunctive relief while unfair labor practice charges are pending is to be evaluated by the same standards as any other injunction request. The ruling in Starbucks v. McKinney rejected the Board’s position that its requests should be […]
In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as used in other civil injunction applications. Although widely anticipated as bringing harmony to an area with numerous “circuit […]
With many employees working from home during the COVID-19 pandemic, employers have depended on Zoom or other web-based video conferencing tools to conduct meetings online. Users can choose to record sessions, collaborate on projects, and share or annotate on one another’s screens. Unfortunately, the process also can open the possibility of trade secret theft if […]
by Rachel Younan The Ontario Superior Court of Justice has declined to grant an injunction that would have suspended the Toronto Transit Commission’s (TTC) ability to implement its random drug and alcohol testing policy. In Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2017 ONSC 2078, the court concluded that there was a serious […]
by Matthew Larsen A British Columbia court recently explored a novel issue – whether a noncompetition clause is enforceable against a seasonal employee. Facts In See Thru Window Cleaners Inc. v. Mahood, 2016 BCSC 2134, the employer was in the seasonal business of window cleaning, gutter cleaning, and pressure cleaning. It employed most workers in […]
By Jaclyn McNamara and Marisa Victor Your employees have access to all kinds of sensitive company information. But what can you do if they leave and use that information to unfairly compete against your company? An Ontario court, in Corona Packaging Inc. v Singh, recently confirmed that you might be able to prevent that competition […]
by Chris McFadden The U.S. Supreme Court has decided to hear arguments in Arizona v. United States, the lawsuit concerning the constitutionality of the state’s controversial immigration enforcement measure S.B. 1070. The bill originally was scheduled to become law in June 2010. However, shortly before it went into operation, the U.S. District Court for Arizona […]
On Monday, Dec. 22, 2008, the Milwaukee Metropolitan Association of Commerce (MMAC) filed a lawsuit in Milwaukee County Circuit Court asking the court to find that the Milwaukee Sick Leave Ordinance, passed through referendum in November and set for enforcement beginning in February, is invalid and unenforceable. The MMAC is also requesting that the court […]