“Quiet quitting” has been included in Collins Dictionary’s top 10 words of the year for 2022 – but what is it?

By Safwan Afridi on November 21, 2022 Posted in Contracts, UK

For most, a contract of employment (or similar written terms of employment) and job description will set out the terms and conditions of the working relationship with their employer.  Among other things, it will include the individual’s contractual hours of work and may include the scope of their duties.  So what is the issue if … Continue reading

Implementing the Respect@Work report recommendations

By Melinda Bell on November 20, 2022 Posted in Australia

This article is co-authored by Jessica Kamleh and Artemis Sfendourakis Embarking on fulfilment of its election promise to implement all 55 recommendations made by Sex Discrimination Commissioner Kate Jenkins in the Respect@Work report (Report), the Federal Labor government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Respect@Work Bill) on 27 … Continue reading

Proposed Revision to Independent Contractor Classification Rules under the FLSA

By Kira Latham on November 17, 2022 Posted in United States

The U.S. Department of Labor has recently unveiled proposed revisions to Wage and Hour Division regulations regarding employee and independent contractor classification under the Fair Labor Standards Act (FLSA). The stated intention of this change is to be more consistent with judicial precedent and practical implementation. The proposed change was announced on October 13, 2022 … Continue reading

Commentaire sur la décision Gélinas c. Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) : Un recours collectif autorisé contre la CNESST

By Alexandre Boisjoly-Rivest on November 10, 2022 Posted in Canada, Québec

Résumé La Cour supérieure (la « Cour ») a autorisé l’exercice d’une action collective entreprise au nom de tout bénéficiaire, y compris ses ayants droit, ses successeurs et ses héritiers, ayant été indemnisé en vertu de la Loi sur les accidents du travail et les maladies professionnelles[1] (« LATMP ») pour une maladie associée aux produits de l’amiante et ayant été … Continue reading

Monitoring and Management Tech is on the NLRB’s Radar

By Kevin MacNeill on November 7, 2022 Posted in United States

On October 31, 2022 the General Counsel of the National Labor Relations Board released a memo urging the Board to adopt a “new framework” for protecting employees from “intrusive or abusive” forms of electronic monitoring and automated management technologies that interfere with employee rights to self-organize and to engage in collective bargaining under Section 7 … Continue reading

We explore the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

By Melinda Bell on November 3, 2022 Posted in Australia

This article was co-authored with Jessica Kamleh, Sarah Katz, and Lachlan Crosbie. The highly anticipated Federal Government’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) has been introduced to Parliament.  This Bill proposes ambitious changes to the Fair Work Act 2009 (Cth) (FW Act) and mirrors many of the proposals which emerged … Continue reading

NLRB Proposes New Rule Impacting Union Elections and Voluntary Recognition

By Kevin MacNeill on November 3, 2022 Posted in United States

The National Labor Relations Board is proposing to rescind its current rule that allows: Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised; Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and, Election … Continue reading

EAT decision reminds employers of the need for genuine consultation and reasonable selection criteria when carrying out redundancies 

By Joanna MacKenzie on November 1, 2022 Posted in General, UK

In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022] UKEAT 139, the Employment Appeal Tribunal (EAT) found that the redundancy dismissal of a fixed term employee was unfair due to a lack of genuine consultation and the use of arbitrary selection criteria.   The Claimant, Ms Mogane, was employed as … Continue reading

Free menstrual products in Canadian federally regulated workplaces

By Kevin MacNeill, Preston Brasch and Erin Colwell on October 31, 2022 Posted in Canada

The Minister of Labour for Canada has announced Proposed Regulations under the Canada Labour Code. If adopted, employers will have to, among other things: Provide menstrual products, including clean and hygienic tampons and menstrual pads, in each toilet room or, if that is not possible, in another location in the workplace controlled by the employer … Continue reading

Can an employer settle future statutory claims in a settlement agreement?

By Amanda Sanders (UK) and Safwan Afridi on October 31, 2022 Posted in General, UK

Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination.  In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims.  In order for any such agreement to be binding it must satisfy certain conditions.  The extent of these … Continue reading