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June 2024 brings many changes to federal employment laws
June 2024 has seen many changes to employment laws for federally regulated workplaces. Some are effective immediately, and some will come into effect on a future date.
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United States | Publication | May 3, 2021
The threshold question of who decides whether a dispute is subject to an arbitration agreement continues to be hotly contested. In Wilson-Davis v. SSP America, Inc., a California appeals court determined that arbitrability— that is, whether the parties agreed to arbitrate a particular dispute—is to be decided by a court and not an arbitrator unless the parties clearly and unmistakably provide otherwise in a collective bargaining agreement (CBA). In so holding, the court jettisoned prior distinctions between commercial agreements and CBAs on the issue of arbitrability.
The court held a mere reference that grievances were to be resolved under the CBA was not an express delegation to the arbitrator to decide whether a dispute was subject to arbitration. So, for unionized employers, if you want the arbitrator to decide this threshold question, you must negotiate appropriate language in your labor contracts. The court also concluded that the arbitration agreement did not encompass statutory wage-and-hour claims because there was no clear and unmistakable reference to statutory claims in the CBA.
Publication
June 2024 has seen many changes to employment laws for federally regulated workplaces. Some are effective immediately, and some will come into effect on a future date.
Publication
Since 2022, the Government of Canada has introduced three waves of amendments to the Competition Act (Act), making substantive changes to Canada’s competition laws, with the most recent amendments receiving royal assent on June 20, 2024.
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