UK: When Is A Shareholder Also An Employee And Entitled To Pay?

A shareholder of a company may also have employment rights, including the right to be paid, when services are carried out for the company.  This was confirmed by the Court of Appeal in its judgment of 5th February 2015 in the case of Stack v Ajar-Tec Ltd.  This is an noteworthy case for anyone interested in the problematic question of employment status.

Ajar-Tec, incorporated in 2005, was in the business of supplying audio-visual equipment.  The […]

By | March 10th, 2015 ||

United States: New Final Rule Looks to the Place of Celebration To Define “Spouse” Under the FMLA

The U.S. Department of Labor has issued a final rule that amends what it means to be a “spouse” for purposes of the Family and Medical Leave Act (FMLA), and provides clarity around when same-sex couples are eligible for this status under the FMLA. In adopting a “place of celebration” rule, and moving away from the existing “state of residence” rule, the amendment makes it clear that if the U.S. jurisdiction in which the […]

By | March 10th, 2015 ||

Canada: Three Developments That Should Be On Employers’ Radars

1. Sky’s the Limit: No More Cap on Ontario Ministry of Labour Awards

Until recently, employees had the following options to pursue claims for unpaid wages: Engage in (potentially costly) litigation or make a complaint to the Ontario Ministry of Labour and limit the maximum recovery to $10,000.

However, effective February 20, 2015, there is no more cap on awards made by the Ministry of Labour. Employees now have the ability to pursue a full claim […]

By | March 10th, 2015 ||