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The relationship between Canada and the United States has made headlines over the summer, but the two countries also pose some unique, cross-border labor challenges. Guests Christopher Deehy and Cody Yorke are international labor and employment lawyers specializing in Canada/U.S. relations who deal with these differences daily.

Independent of the political climate, interactions on the labor and employment front create their own issues. One big difference is that unlike the United States, in Canada each province has its own labor laws, and in some cases such as banking, federal rules may also apply. It’s imperative to understand these variances when dealing with cross-border labor relations.

Oh, then there’s the French civil law code in Quebec and the use of the French language. Canada is not just “United States North,” it has its own laws and what may apply in the U.S. may not apply in Canada. For example, the “at-will” employment rules of the U.S. may not apply in Canada, where advance notice may be required. If you’re doing business across the border, this could be a factor.

No podcast can fully explore every aspect of the differences in labor and employment law between the U.S. and Canada, but if you’re working with a client with employment issues across the border, this intriguing episode with get you thinking about the questions you’ll want to ask.

Subscribe to ABA Labor and Employment Law Podcast: https://play.megaphone.fm/jzfpgfsst3wnyevnhvs9cq



REFERENCES MENTIONED:

National Labor Relations Act (Wagner Act, 1935)

“Fast Facts About the At-Will Employment Doctrine,” Thomson Reuters

“Reasonable Notice of Termination: Overview,” Practical Law Canada Employment, Thomson Reuters

“Restrictive Covenant,” Government of Canada

“FTC Announces Rule Banning Noncompetes,” Federal Trade Commission

“Successor Liability,” Practical Law, Thomson Reuters

“Workplace Impairment Questions and Answers,” Government of Canada

Association of Labor Relations Agencies

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC

ABA Labor and Employment Law Section

Jason Tashea joins Cat Moon to discuss his recent article “A Research Agenda for Justice Technology,” included in a volume published by the American Bar Foundation called “Global Perspectives on People-Centered Justice, Exploring the Evidence” on Talk Justice. They speak about knowledge gaps and critical areas for expanding research into technology initiatives of the justice system, courts and legal aid organizations.

Subscribe to Talk Justice An LSC Podcast: https://play.megaphone.fm/a3ett1fzs9a1qjipaqdufa

"In most other countries, there are laws, criminal laws that prohibit the expression of racial hatred or incitement to racial hatred," says Samantha Barbas, author of Hate Speech: The Legal and Cultural History of an American Dilemma, in this episode of the Modern Law Library. "There are no hate speech laws in the United States, and that makes the U.S. a true exception, a true outlier in the world. And so my book was trying to get to the question, why did the U.S. take this unique path? How do we explain that historically? Where and when and why did we diverge from the path that was taken by most other countries?"

World War II prompted a barrage of hate speech legislation after it ended, but not in the United States, Barbas tells host Lee Rawles.

"We had just seen how totalitarian governments establish themselves through censorship," Barbas says. "There are two really important ideals that seem to be clashing in the post-war era. Many hate speech laws are proposed, but they are rejected or struck down on free speech grounds. So at this moment when Europe is adopting hate speech laws, America is going the other way: Proposing them, but then rejecting them, and that consensus in favor of freedom of speech is going to hold for several decades."

In this episode of the Modern Law Library, Barbas and Rawles discuss how American courts and society have dealt with hate speech issues in the past, and how the growing awareness of psychological harm has impacted public attitudes about hate speech. They also explore Henry Ford and the Dearborn Independent, D. W. Griffith and Birth of a Nation, the Streisand Effect, and a series of cases about Illinois Nazis.

Subscribe to Modern Law Library: https://play.megaphone.fm/6yvcqiwqqtmrvsjkgthoiq

Flock Safety is a surveillance technology company that manufactures cameras and automated license plate readers used by law enforcement, neighborhoods, and businesses to deter crime, respond to emergencies, and investigate safety incidents. “Flock cameras” have been a source of controversy in communities across the nation, with critics arguing the constant tracking violates civil liberties and builds massive location histories without warrants, where supporters of flock cameras see it as an essential tool to combat crime.

On this Lawyer 2 Lawyer episode, Craig welcomes Katie Kinsey, Chief of Staff and Tech Policy Counsel at the Policing Project at the New York University School of Law. Craig & Katie spotlight flock cameras, examine the use and misuse of flock cameras in our communities, and discuss the pushback against surveillance, data privacy laws, the Fourth Amendment, and the potential impact on our citizens.

Subscribe to Lawyer 2 Lawyer: https://play.megaphone.fm/6kyeqlhety25kgmgqdr7cw

In this episode of the Un-Billable Hour’s Seat at the Table: How do you know when a hire isn’t working out (hint: you already know) and then pull the trigger and let them go?

It happens: you hire someone, and it doesn’t work out. So many firms put off the hard discussion: terminating an employee. It’s not pleasant, but it’s necessary. That’s where planning, preparation, and an established process come into play.

Is it a lack of communication? Or a truly bad fit? Establish performance metrics and address issues early on and help avoid surprises. When it’s time for the firing discussion, everyone should already know what’s coming because it’s been out in the open for a long time.

Clarity can reduce the risk of labor law tangles after the termination. Don’t let a fired employer create more problems. Reviews, management consultations, and documented steps can both guide your employee to better performance, which is optimal, or protect your firm after the firing.

You saw the signs. You knew it was coming. But now it’s time to take action and let an employee go. And if we all know the mantra “hire slow, fire fast,” we also know lawyers don’t always follow that rule. We can be way, way too slow to fire when an employee just isn’t working out.

So how do you know when the time has come? Our panel of legal management and HR pros digs in. As one panelist says, “If you wake up three mornings in a row thinking about somebody who’s not your spouse, they’ve got to go.” You know when someone is taking up too much time and derailing the office. The problem isn’t recognizing the problem, it’s not recognizing that you’ve already recognized the problem.

Have a plan, specific policies, metrics, management consultations, and a process for firing someone before you reach that point. Without clarity, even experienced HR professionals struggle.

Every process should account for your firm’s vulnerability. Labor laws, password management, access to client documents, even physical access to your office with keys or key cards should all be part of the process before the termination discussion. Dig into an episode today that can help your firm prepare for the future!



Subscribe to Un-Billable Hour: https://play.megaphone.fm/qxfro4f-suekajnwe_solw

REFERENCES MENTIONED:

ClioCon 2026, Oct. 26-27, 2026

Legal Talk Network Unbillable Hour