Littler LLP

Littler LLP
Littler LLP
Employment & Labour

Littler is the largest global employment and labor law practice, with more than 1,500 attorneys in 80 offices worldwide. Littler represents management in all aspects of employment and labor law and serves as a single-source solution provider to the global employer community. Consistently recognized in the industry as a leading and innovative law practice, Littler has been litigating, mediating and negotiating some of the most influential employment law cases and labor contracts on record for over 75 years. Littler Global is the collective trade name for an international legal practice, the practicing member entities of which are separate and distinct professional firms.

Littler’s international offices span three continents – North America, South America and Europe – and include: Canada, Colombia, Costa Rica, the Dominican Republic, El Salvador, France, Germany, Guatemala, Honduras, Italy, Mexico, Netherlands, Nicaragua, Panama, Peru, Puerto Rico, the United Kingdom and Venezuela. The firm’s global capabilities also include a number of U.S.-based lawyers who are qualified practitioners in Australia, Brazil, China, the United Kingdom and South Africa, among other countries. Littler is experienced in handling multi-country labour and employment matters that span the globe and often work with leading attorneys in jurisdictions worldwide to provide clients with global legal services and a single point of contact.

With its collective knowledge and experience, it provides clients with comprehensive legal services covering the full range of workplace issues, including General Labour and Employment Advice, Litigation and Dispute Resolution, Labour Relations, Compliance, Codes of Conduct, Workforce Management, Data Privacy, Employment and Transfer Agreements, Corporate Labour Governance, and Knowledge Management and Training.

Littler LLP Posts

Littler attorneys in Canada and Puerto Rico named to 2020 Best Lawyers™ list

By (August 21, 2019) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Canada and Puerto Rico offices have been included in the 2020 edition of The Best Lawyers in Canada©and The Best Lawyers in Puerto Rico©. Partners Barry Kuretzky and George Vassos were recognized in Canada, and Capital Members Rafael Aguiló-Vélez, Mariela Rexach, Anabel Rodríguez-Alonso and Carl Schuster were recognized in Puerto Rico. Read more

Highest court in Canada says substance, not form, will determine independent contractor or employee status

By Rhonda Levy, George Vassos A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics se la region de Quebec (the “Committee”) (“Modern Cleaning”), 2019 SCC 28, involves a Quebec statute and its unique definition of “employee,” and a tripartite franchise model that is uncommon in Canada. Nonetheless, this decision from Canada’s highest court provides guidance on the factors to be considered in determining employee or independent contractor status. Read more

Canada: Massive overhaul of the Canada Labour Code pending

By Rhonda Levy, George Vassos The CLC is the statute that sets out labour and employment laws (including minimum employment standards) that apply to federally regulated employers whose activities are of an inter-provincial nature or national concern, such as navigation and shipping; the regulation of trade and commerce; banking; airlines; railways; radio and television broadcasting; inter-provincial transport; and immigration. Read more

Littler Global Guide - Canada - Q2 2019

By Rhonda Levy, Monty Verlint Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations. Read more

Absent exceptional circumstances, 24 months is “high end” of reasonable notice award for certain managers & adverse unilateral changes to bonus plans must be communicated

Early this year, we wrote about Dawe v. Equitable Life Insurance Company , 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24 month upper limit on the reasonable notice period for an older, long-term, senior manager who was unable to secure comparable employment. Read more

Professional service employer’s use of different corporate structures in employment agreements does not negate uninterrupted service in the calculation of reasonable notice

A recent decision of the Court of Appeal for Ontario, Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation) , 2019 ONCA 469 (“ 3385022 Canada ”), confirms that the utilization by a professional service employer of different corporate structures to enter into employment agreements with employees will not interrupt the length of their service in the calculation of reasonable notice upon termination without cause. Read more

Arbitrator reinstates nurse who misappropriated narcotics from patients for her own use and falsified records to cover it up

Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association , 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about how to handle employees with substance abuse disorders. Read more

Ontario, Canada: a tale of violence and harassment in the workplace and judicial sanctions for an employer that handled it poorly

As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them. A recent case, Bassanese v. German Canadian News Company Limited et al ., 2019 ONSC 1343, tells the story of an employer that did the opposite, and paid a steep price. Read more

Canada: how to manage unresponsive employees on leave

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At what point do silent employees effectively abandon their jobs? Read more

Ontario, Canada: court takes on employer termination conduct

The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd. , 2019 ONCA 125, which serves as a cautionary tale for employers whose termination conduct reveals that they do not take their obligation of good faith and fair dealing in the manner of an employee’s dismissal as seriously as they should. Read more

Court of Appeal affirms that employees in British Columbia, Canada must continue to meet a high standard to establish "family status" discrimination

The British Columbia Court of Appeal recently affirmed that it continues to be bound by the existing legal test for adverse discrimination on the ground of “family status” established in Health Sciences Assoc. of B.C. v. Campbell River and North Island Transition Society. 1 Read more

Littler Global Guide - Canada - Q1 2019

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations . Read more

Bill 66, restoring Ontario’s Competitiveness Act, 2018 has received royal assent, amending Ontario, Canada’s labour and employment laws once again

Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”) received Royal Assent on April 3, 2019. 1 Amendments to the Employment Standards Act, 2000 (“ESA”) made by Bill 66 have not changed since we first reported on the Bill when it passed First Reading. Read more

Ontario, Canada: employers can provide candid job references

Ontario employers can speak candidly about former employees' weaknesses when providing job references, as long as the dominant motive for the reference is not malicious, the Supreme Court of Canada (SCC) recently indicated. The SCC declined to review a lower court's finding that a plaintiff failed to prove her former manager defamed her by giving her a negative reference that led to revocation of a job offer. Read more

Ontario, Canada companies beware: class action lawsuits alleging worker misclassification are on the rise

It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. Beginning in 2015, we began to see a number of class action lawsuits that allege misclassification and claim significant monetary liability. Read more