Monthly Archives: May 2020

Tie Goes to the Employer: National Labor Relations Board Overrules Past Precedent Regarding Dual-Marked Ballots

The National Labor Relations Board (“Board” or “NLRB”) on Wednesday, May 13, 2020, overruled decades of convoluted Board precedent regarding “dual-marked ballots” in union representation elections – establishing a new bright line test.  A “dual-marked ballot,” to put it simply, is a ballot that has markings in or around both the “YES” and “NO” box, thus, making it difficult, if not impossible, to tell whether the employee who cast the ballot actually intended to vote for or against union representation. Indeed, a dual-marked ballot might also mean that the employee who completed the ballot actually did not want to take a position either way.   The treatment of such a single dual-marked ballot can have dramatic consequences in a close election, as was the case in Providence Health & Services.

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Co-ownership in the Time of COVID-19

By Nicolas Melillo, from our Insurance Law Practice Group

May 18, 2020 — Following the state of health emergency decreed by government, and in accordance with the health measures that have been progressively imposed, condominiums have adopted measures alongside the government’s instructions.

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Tie Goes to the Employer: National Labor Relations Board Overrules Past Precedent Regarding Dual-Marked Ballots

The National Labor Relations Board (“Board” or “NLRB”) on Wednesday, May 13, 2020, overruled decades of convoluted Board precedent regarding “dual-marked ballots” in union representation elections – establishing a new bright line test.  A “dual-marked ballot,” to put it simply, is a ballot that has markings in or around both the “YES” and “NO” box, thus, making it difficult, if not impossible, to tell whether the employee who cast the ballot actually intended to vote for or against union representation. Indeed, a dual-marked ballot might also mean that the employee who completed the ballot actually did not want to take a position either way.   The treatment of such a single dual-marked ballot can have dramatic consequences in a close election, as was the case in Providence Health & Services.

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The Cadieux Case: Nine Years of Meanderings for the Employer and the Union — All Starting With A Simple Dismissal

By Eliab Taïrou, from our Labour and Employment Law Practice Group

May 15, 2020 — On April 6 the Quebec Court of Appeal ruled, in Cadieux c. Greyhound Canada Transportation Corp., 2020 QCCA 498, that a unionized employee, dismissed by his employer, did not have sufficient legal interest to personally and directly appeal an arbitral award, even in the context of significant and manifest conflict of interest on the part of the union. In other words, the employee could not bypass the union in order to challenge his dismissal himself.

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ILN Today Post

Compendium of Measures taken by the Government of India During COVID 19 Pandemic

To ease the impact of disruption caused by the Coronavirus/COVID-19 pandemic (“Pandemic”), various departments of the Government of India have been issuing directions, advisories, orders and notifications with measures to be undertaken during the Pandemic. To consolidate the plethora of key amendments/modifications/relaxations issued by the Government of India in relation to the Pandemic including the relief package granted by the Ministry of Finance as part of Aatma Nirbhar Bharat Abhiyan, we bring to you, our responses to the frequently asked questions considering the Pandemic and some of the relevant notifications that may be of interest to you.

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ILN Today Post

EEOC Provides Guidance to Businesses and Individuals as Workplaces Plan to Reopen

As businesses and individuals navigate the challenges of returning to work in the COVID-19 era, the federal agency responsible for enforcing anti-discrimination laws, the Equal Employment Opportunity Commission (EEOC), has issued valuable guidance addressing employers’ and employees’ rights and responsibilities under the Americans with Disabilities Act (the ADA).

This guidance, which the EEOC routinely updates, emphasized that while the ADA still applies in the context of the COVID-19 pandemic, it does not prevent employers from following guidelines set out by the Center for Disease Control (CDC) or other public health authorities to keep employees and workplaces safe.

This alert outlines the guidance provided by the EEOC. Read more…

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ILN Firm of the Month – Ahlawat & Associates, India!

The ILN is proud to announce our latest firm of the month, Ahlawat & Associates, India!

Ahlawat & Associates (“A&A”) is one of the leading law firms in India, catering to domestic and international clients. Their services extend across diverse sectors of industry including assistance to facilitate foreign direct investments and business setup in India.

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New York and New Jersey Require COVID-19 Staff Testing at Long-Term Care Facilities

To limit exposure and reduce the spread of COVID-19, New York and New Jersey are requiring long-term care facilities to implement testing for staff.

New York

On May 11, 2020, New York Governor Andrew Cuomo issued Executive Order 202.30 requiring nursing homes and adult care facilities, including all adult homes, enriched housing programs and assisted living residences (“facilities”), to test all staff for COVID-19 twice per week.  Staff who refuse to be tested will be deemed to have incomplete health assessment and will be prohibited from providing services until the test has been performed.

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5th Circuit Upholds Non-Compete Provision Despite Former Employee’s Forfeiture of Stock Options, Which Constituted Express Consideration for Restrictive Covenant Agreement

On April 27, 2020, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court’s decision to grant a preliminary injunction preventing a real estate agent from working for a competitor, because her non-compete, attached to a grant of restrictive stock units, was likely enforceable despite the agent’s forfeiture of the company stock.

The employee in this case worked for Martha Turner Sotheby’s International Realty (“Martha Turner”) in Houston, Texas for over four years. Approximately nine months before her resignation, Martha Turner’s parent company Realogy Holdings Corporation (“Realogy”) notified the employee that she was selected to participate in the company’s stock option program through an equity grant, in recognition of her accomplishments.  The grant was in the form of restricted stock units, which gave her the opportunity to receive shares of the parent company’s common stock upon vesting of the award after a three-year period.

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New Jersey Allows Re-Opening of Non-Essential Retail and Construction Business, and In-Vehicle Gatherings, with Restrictions

On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 , which allows for the resuming of non-essential construction projects (subject to certain conditions and restrictions), the reopening of retail businesses (curbside pickup only) and permitting public gatherings of more than 10 people so long as attendees stay in closed (or socially distant) vehicles.   Some of the provisions of Executive Order 142 take effect immediately, and others at 6:00 a.m. on Monday, May 18, 2020.

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