In the recent decision of Covenoho v. Pendylum Ltd., 2017 ONCA 284, the Ontario Court of Appeal put an end to any debate about the enforceability of termination provisions in employment agreements that may violate minimum employment standards legislation in the future. The takeaway for employers from the case is as simple as it is noteworthy: a termination provision that breaches minimum employment standards legislation in the future – even if compliant at the time of the employee’s termination from employment – is void and therefore will not be enforced. Continue Reading Into the Void: Potential Future Violations of ESA Sufficient to Set Aside Employment Contract
“Puff, Puff…. Give” — Employees Can Now Claim Benefit Coverage for Medical Marijuana
Recently, we discussed employees’ attempts to obtain health plan coverage for medical marijuana (you can find the post here). In the midst of speculation surrounding the Federal government’s soon-to-be-released legislation on recreational marijuana use, one Canadian employer has announced that it will cover prescription cannabis under its employee health benefits plan. Loblaws has taken the lead in this area and will now accept claims from its employees for marijuana prescriptions. Continue Reading “Puff, Puff…. Give” — Employees Can Now Claim Benefit Coverage for Medical Marijuana
Federal Budget Changes to Parental, Maternity & Caregiving Leaves
On March 22, 2017, the Canadian Federal Government released Budget 2017: Building a Strong Middle Class (“Budget 2017”) which proposes more flexible parental, maternity and caregiving leaves and Employment Insurance (“EI”) benefits to support employees in balancing work and their family responsibilities. Continue Reading Federal Budget Changes to Parental, Maternity & Caregiving Leaves
Travel Warning: Large Electronic Devices Banned on Certain Flights to the US
The US Transportation Security Administration has announced that by 3 AM EDT on March 25, 2017, passengers on flights to the US from 10 specific airports will be required to check any electronic devices larger than a smartphone. The affected airports are all in North Africa and the Middle East, and include some of the most frequently used airports among international business travelers. As a result, employees who might otherwise plan to work on the plane will be limited to those tasks that can be performed either from their phones or on paper. Employers should communicate these restrictions to employees who travel internationally so they can be better prepared. For further information, read here.
Breaking News – Update Related to the President’s Executive Order Regarding the Travel Ban
On March 6, 2017, President Trump issued an Executive Order (EO) with an effective date of March 16, 2017 that repeals the prior EO. The current EO contains an updated travel ban including Syria, Iran, Libya, Somalia, Sudan and Yemen. Iraq is not included. For further takeaways from the EO, read here.
Department of Homeland Security Issues Guidelines on the Implementation of Border Security and Immigration Enforcement Priorities
On February 20, 2017, Department of Homeland Security (DHS) Secretary John Kelly issued two Memoranda that outline how DHS plans to implement the Executive Orders on border security and interior immigration enforcement signed by President Trump on January 25, 2017. Our US colleague recently authored an article that examines the potential impact of the DHS guidelines on employers with employees located in the US along with recommended actions for these employers. The article may be accessed here.
Another Travel Ban to Worry About: Employees Can Lose Their US Passports for Unpaid Federal Taxes
While President Trump’s Executive Order temporarily banning certain foreign nationals from entry into the United States is dominating the headlines these days, employers who have employees with US passports now have something else to worry about. Under a 2015 law, the State Department has the right to revoke a US taxpayer’s passport for nonpayment of delinquent Federal taxes. The Internal Revenue Service (IRS) recently published guidance to provide an understanding of how the law may apply in practice. For our analysis of the IRS guidance and our recommended actions for employers, read here.
Human Trafficking: “I am Jane Doe” Premieres in Washington DC
Baker McKenzie is proud to have sponsored the Washington DC premiere of the film “I am Jane Doe” on February 7, 2017. The film is a highly anticipated documentary chronicling an ongoing battle against the trafficking of minors. The Washington premiere was part the McCain Institute’s 2nd Annual Human Trafficking Symposium. Baker McKenzie’s Peter MacKay welcomed the audience followed by Cindy McCain, who provided opening remarks. There was a post-film panel discussion with US Senators Heidi Heitkamp, John McCain, Claire McCaskill and Rob Portman, and the film’s director, Mary Mazzio, with broadcast journalist Perri Peltz acting as moderator. The Canadian premiere of the film is planned for Toronto in March.
For more information about the film, please follow this link.
Privacy Tort Update – Not So Fast on Public Disclosure of Embarrassing Private Stuff
Around this time last year, we blogged about the decision of the Ontario Superior Court of Justice (the “ONSC”) in Jane Doe 464533 v ND (“Jane Doe“), a case that effectively created a new privacy tort – “public disclosure of embarrassing private facts” (you can read our post here). It was a tort that responded to a disturbing trend on the internet where embarrassing images or videos of people are posted without their consent. Continue Reading Privacy Tort Update – Not So Fast on Public Disclosure of Embarrassing Private Stuff
President Trump’s Executive Order Suspending Entry to the US Raises Employment Law Considerations
We are living in uncertain and quickly changing times. Most recently, on January 27, 2017, President Trump issued an Executive Order (EO) that suspends entry into the United States for 90 days of certain aliens from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen. For more information about the EO and its immigration and mobility consequences for individuals entering the US, read here. For our analysis of the impact of the EO on global and US multinational employers, read here.