Retaliation and whistleblower claims are on the rise nationally, and Minnesota is no exception to this trend. In part, this is because plaintiffs’ counsel perceive such claims — particularly claims arising under the broad Minnesota Whistleblower Act (MWA) — as relatively easy to get past a motion for summary judgment and to trial. However, four recent decisions issued by Minnesota courts suggest that this perception may not be well founded.
In each decision (two opinions by the U.S. Circuit Court of Appeals for the Eighth Circuit, one opinion by the Minnesota Court of Appeals and one opinion by the U.S. District Court for the District of Minnesota), the court granted or affirmed the granting of summary judgment in favor of the employer. These decisions provide useful guidance in assessing potential arguments to defeat a retaliation claim on a motion for summary judgment.
Continue reading “Minnesota Whistleblower Act: Recent Decisions Indicate Summary Judgment Practice Alive and Well”
Following an adjustment to immigration rules announced by the Home Office on 5 May 2021, if you’re the recipient of an elite award, you may now be eligible to bypass part of the existing immigration process and access a fast-track route into the U.K.
Continue reading “U.K. Immigration Update: Fast-Track Visas Unveiled for ‘Best and Brightest’ Talent”
As we have reported, the COVID-19 pandemic has challenged not only the employment relationship but also how local government may lessen the economic impact of the pandemic. The governments of Barbados, Estonia and Malta, among others, have implemented measures to support the local economy by either allowing individuals to live in the country while they work for foreign employers or incentivizing independent travelers to visit the country. Now, two Italian towns, specifically Santa Fiora in Tuscany and Rieti in Lazio, may be added to the list of countries, regions and cities that are attempting to revitalize the local economy by offering benefits to lure newcomers.
Continue reading “Prendiamo un Caffé!: Be Paid to Work Remotely in Italy”
Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a services contract between two businesses was an unreasonable restraint on trade and was therefore not enforceable. In ruling on this matter of first impression, the Court identified several important factors that employers should consider before entering into a no-hire provision that places restrictions on the movement of their employees.
Continue reading “The Pennsylvania Supreme Court Strikes Down a No-Hire Agreement as an Unreasonable Restraint on Trade”
On April 30, 2021, the Luxembourg Economic and Social Council (Conseil économique et social, “CES”) issued an opinion on the right to disconnect. In its opinion, the CES recommended that a new provision, L. 312-9, entitled “Respect for the right to disconnect,” be included in the Labor Code. This new article proposes to (i) define a right to disconnect program and (ii) implement the right to disconnect program.
Continue reading “Proposal to Include the Right to Disconnect to the Luxembourg Labor Code”
As has been well-documented over the past several weeks, India has experienced a significant second wave of COVID-19 infections. In light of the unprecedented surge in COVID-19 cases across the country, at least 11 Indian states and union territories have imposed COVID-19 restrictions. This past weekend, the eastern state of Odisha and the northern industrial state of Haryana became the latest to announce new lockdowns, joining Delhi, Karnataka, Maharashtra and West Bengal, among others.
Continue reading “New Efforts to Manage India’s Second Wave of COVID-19 Infections”