Ontario Extends Temporary Relief from the ESA’s Termination and Severance Provisions

On May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (the “IDEL Regulation”), under the Employment Standards Act, 2000 (“ESA”). The IDEL Regulation retroactively reclassified any temporary layoff that occurred during the COVID-19 Period as an infectious disease emergency leave (“IDEL”). On June 4, 2021, the Ontario government amended the IDEL Regulation to define the “COVID-19 Period” as the period between March 1, 2020 and September 25, 2021. As a result of this extension, non-union employees with reduced or eliminated work hours due to the COVID-19 pandemic are considered not to be on layoff under the ESA, but instead continue on deemed IDEL.
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Amendments to the Illinois Freedom to Work Act: Significant Changes Coming to Illinois Noncompete and Nonsolicitation Agreements

While restrictive covenants abound in the employment landscape, the Illinois legislature is shoring up efforts to rein in the use of such agreements. The latest push? A bill to amend the Illinois Freedom to Work Act to expand the ban on noncompetes to a larger population of workers and provide certain rights to employees who are asked to sign noncompete and nonsolicitation agreements as a condition of employment. With Gov. J.B. Pritzker poised to sign that bill, employers should begin evaluating how those amendments will impact their use of noncompete and nonsolicitation agreements and what changes will be necessary to comply with the new law.

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Supreme Court Limits Application of the Computer Fraud and Abuse Act Against Employees Who Abuse Their Network Access Credentials

In a decision handed down yesterday, the Supreme Court held that civil liability under the Computer Fraud and Abuse Act (“CFAA”) does not attach for employees who abuse or misuse their access credentials in accessing their current or former employers’ computer networks.  Rather, to be liable under the CFAA, the employees must access databases or other electronic materials that are outside of their access rights and otherwise off-limits to them.

The Case

The case, Van Buren v. United States, arose out of the actions of a former police sergeant.  The former officer, Van Buren, used his valid login credentials to search his police department database for a particular license plate number in exchange for a bribe, but was caught by an FBI sting operation.  Van Buren was charged with a felony violation of the CFAA—18 U.S.C. § 1030(a)(2).  An individual is liable under this section (which can carry both civil and criminal penalties) if he “intentionally accesses a computer without authorization or exceeds authorized access.”  The statute defines “exceeds authorized access” to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.” 18 U.S.C. § 1030(e)(6).

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Time to Hit Reset on Remote Worker Expectations?

Many employers, reflecting on the challenging circumstances created by COVID-19, have temporarily bypassed traditional performance scoring for 2020 in favor of more flexible rating schemes. But as organizations increasingly settle into a new paradigm with expanded remote work, managers and human resources leaders face the challenge of recalibrating expectations for how such work will be managed and evaluated moving forward.

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EEOC Issues New COVID-19 Guidance Addressing Vaccinations in the Workplace

Today, after much anticipation and just in time for the Memorial Day holiday, the Equal Employment Opportunity Commission released updated guidance on COVID-19 vaccination issues raised under federal equal employment laws. We outline five things you need to know about the new guidance.

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Colorado Court Rejects Challenge to Colorado Equal Pay for Equal Work Act

Following the passage of Colorado’s Equal Pay for Equal Work Act (CEPEWA), employers were faced with a stricter disclosure regime, including new provisions aimed at redressing gender-based pay inequity. At the close of 2020, the Rocky Mountain Association of Recruiters (Rocky Mountain) brought a lawsuit challenging those provisions and framing the CEPEWA as an undue burden. On May 27, 2021, the U.S. District Court for the District of Colorado weighed in, with Judge William Martínez rejecting Rocky Mountain’s request for a preliminary injunction that would have prohibited enforcement of the CEPEWA.

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