United States: 401(k) Plans And The Free Market: Is Your Vendor Ever A Fiduciary?

The Department of Labor and plaintiffs class action lawyers have been urging the courts to find that 401(k) vendors are fiduciaries when they design investment platforms or have contract provisions permitting them to adjust their fees. This is an important issue in pursuing vendors for “excessive” fees, because under U.S. pension law, fiduciaries may not engage in self-dealing or use discretion to increase their fees. Fiduciaries may also be personally liable for losses resulting […]

By | October 7th, 2014 ||

Canada: When Employees Resign, Don’t Fire Them Early: Six Lessons From Recent Employee Lawsuits

I am often asked how I come up with a fresh topic every week for 15 years, now. It’s easy: In editing the Dismissal & Employment Law Digest, I review every case from coast to coast and there is no shortage of them to choose from.

But this week, instead of one, here are some salient points I garnered from a smattering of cases:

Quebec Labour Standards vs Asphalte Desjardins Inc. The Supreme Court of Canada’s July 25 […]

By | October 7th, 2014 ||

It Still Ain’t Over. Canada Immigration Proposes Yet Further Temporary Foreign Worker Program Requirements

The Background
Ever since the ‘Royal Bank Scandal’ in 2013, the Canadian immigration system continues to implement further guidelines, restrictions, requirements and constraints for employers hiring and employing foreign workers. Many of the changes are with regard to ‘Labour Market Impact Assessments’ (LMIAs, formerly LMOs), under the jurisdiction of Employment and Social Development Canada (ESDC), but they all ultimately impact the ability to recruit and retain foreign workers.
Previous Changes to the System
Among other measures implemented […]

By | October 7th, 2014 ||