Monthly Archives: July 2016

Changes to Citizenship Act Waiting to be Passed into Law

Background: The Liberal Government announced in its election manifesto its intention to reverse the changes made to the Citizenship Act by the Conservative Government in 2015.

On June 17, 2016, Bill C-6, was passed in the House of Commons following its third reading and on the same day, a first reading took place in the Senate. The government had hoped to have the new legislation passed into law for Canada Day, July 1 but it is now more likely this will take place when the Senate re-assembles  after the summer recess.

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Mobilite Francophone is Launched

Background: On June 1st 2016 Immigration Refugees and Citizenship Canada (IRCC) launched a Federal initiative to encourage skilled francophone workers to come to Canada to work and ultimately settle in communities outside of the province of Quebec.

Impact: Employers will be exempted from the need to obtain a Labour Market Impact Assessment (LMIA) before a francophone foreign worker can be hired. Eligibility criteria include:

  • living and working in a Francophone minority community outside Quebec
  •  Using French on a daily basis
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International Mobility Program Employer Audits/Inspections

Background: The International Mobility Program (IMP) encompasses amongst other things the Intra-company Transferee (ICT) and NAFTA immigration streams. Audits and inspections are conducted on a random selection basis to ensure compliance with the regulations and policies of the respective streams

Impact: Employers that are found to be “non-compliant” can face significant penalties including:

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Exclusion clauses and article 2402 C.C.Q.: What constitutes “an indictable offence”?

A commentary by Gabrielle Ferland, from our Insurance Law Practice Group.

July 13, 2016 — What is an “indictable offence” pursuant to article 2402 C.C.Q.? Justice Marie St-Pierre, in the recent Quebec Court of Appeal decision Desjardins Sécurité Financière, compagnie d’assurance-vie c. Émond, answers this question.

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ILN Today Post

Frank Rodriguez interviewed about trends in international tax and wealth management

Frank Rodriguez, managing partner of the Miami office, shared insights into the current trends and practices in international tax and wealth management in the Midyear 2016 issue of South Florida Legal Guide. Along with a panel of several attorneys and bankers, Frank provided observations on serving affluent international clients who have turned to South Florida professionals for their services. He discussed trends in the market, the sources of international investors, U.S. disclosure and compliance requirements affecting international investors, and how technology has affected the way business is handled.

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Implications of Brexit on Trademarks in the EU

Brexit jigsaw puzzle conceptThe United Kingdom’s vote on June 23, 2016 to withdraw from the European Union has left many issues in flux, including the rights of owners of European Union Trademark registrations (EUTMs), formerly Community Trade Marks (CTMs). While details of the separation have yet to take shape, below are some points to keep in mind:

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NLRB Again Deprives Employer of the Benefit of a Bargained-for Management Rights Clause

The National Labor Relations Board (“NLRB” or “Board”), in its recent decision in Graymont PA, Inc., 364 NLRB No. 37 (June 29, 2016), has fired the latest salvo in its long running dispute with the United States Court of Appeals for the District of Columbia Circuit concerning the issue of what legal standard should be applied when a union claims that an employer has made a unilateral change in terms and conditions of employment during the term of a collective bargaining agreement and the employer claims that the union waived its right to bargain over the topic in question in a management rights clause or a “complete agreement” clause.

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NLRB Multiplies Impact of Expanded Joint Employer Test: Requires Bargaining in Combined Units Across Multiple Employers

Our colleagues Adam C. Abrahms and Steven M. Swirsky, attorneys at Epstein Becker Green, have a post on the Management Memo blog that will be of interest to many of our readers in the retail industry: “NLRB Drops Other Shoe on Temporary/Contract Employee Relationships: Ruling Will Require Bargaining In Combined Units Including Employees of Multiple Employers – Greatly Multiplies Impact of BFI Expanded Joint Employer Test.”

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Chicago City Council Approves Paid Sick Leave – Employment Law This Week

Featured on Employment Law This Week: Employers in the city of Chicago will soon be required to offer up to 40 hours of paid sick leave a year.

The City Council unanimously approved the paid sick leave ordinance, which will apply to all individuals and businesses with at least one employee. Chicago will now join more than two dozen other U.S. cities that require employers to provide paid sick leave. The mayor is expected to sign the ordinance, which is scheduled to go into effect July 1, 2017.

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NLRB Drops Other Shoe on Temporary/Contract Employee Relationships: Ruling Will Require Bargaining In Combined Units Including Employees Of Multiple Employers – Greatly Multiplies Impact of BFI Expanded Joint Employer Test

The National Labor Relations Board (“NLRB” or “Board”) announced in its 3-1 decision in Miller & Anderson, 364 NLRB #39 (2016) that it will now conduct representation elections and require collective bargaining in single combined units composed of what it refers to as “solely employed employees” and “jointly employed employees,” meaning that two separate employers will be required to join together to bargain over such employees’ terms and conditions of employment.” To understand the significance of Miller & Anderson, one must consider the Board’s August 2015 decision in Browning Ferris Industries (“BFI”), in which the Board adopted a new and far more relaxed standard for holding two entities to be joint employers.

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