Germany: Exclusion clauses put to the test

Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the case law with regard to the drafting of these clauses. A large number of the exclusion clauses used in practice are now likely to be ineffective.… Continue Reading

La Fête nationale et la Fête du Canada : quelles obligations ont les employeurs?

By Geneviève Lay (CA) on June 18, 2021 Posted in Canada, North America, Québec

L’approche de la période estivale rime avec l’arrivée des vacances annuelles, mais aussi l’enchaînement de deux jours fériés en l’espace de 8 jours. La Fête nationale (le 24 juin – jour de la St-Jean Baptiste) et la Fête du Canada (le 1^er juillet) tombent cette année toutes les deux un jeudi.

Afin de dissiper les doutes que les employeurs de juridiction provinciale pourraient avoir, vous trouverez ci-dessous un survol des questions (avec réponses) les plus courantes.

Il est important de mentionner que les obligations découlant des lois sont le strict minimum à respecter. Les conventions collectives, contrats de travail … Continue Reading

US: New HERO Act Imposes Significant Obligations on New York Employers

By Rachel Kurth (US) on June 15, 2021 Posted in Coronavirus, North America, United States

New York State employers should be aware of a recent law aimed at protecting workers from COVID-19 and other airborne infectious diseases, the New York Health and Essential Rights Act (HERO Act), which imposes significant obligations on covered employers. Among other things, the HERO Act requires the New York State Department of Labor (NYSDOL) to develop industry-specific model safety standards, requires private New York State employers of all sizes to implement and distribute health and safety plans that meet specified requirements, and requires certain employers to permit the creation of joint employer-employee workplace health and safety committees.

Model Safety Standards

Disciplinary actions and dismissals

By Paul Griffin (UK), Amanda Sanders (UK) and Joanna MacKenzie on June 11, 2021 Posted in UK

Paul Griffin, Amanda Sanders and Joanna MacKenzie consider how to handle disciplinary and dismissal matters, and the additional requirements that employers should consider in light of the COVID-19 pandemic and the future workplace.

This article was originally published in PLC Magazine

The PDF is available:

Disciplinary actions and dismissals PDF… Continue Reading

Hybrid working after COVID-19

By Joanna MacKenzie on June 11, 2021 Posted in UK

Joanna MacKenzie has written an article on hybrid working and issues that employers need to consider before implementing new ways of working.

This article was originally published in PLC Magazine

The PDF is available:

Hybrid working after COVID-19 PDF… Continue Reading

US: OSHA Issues COVID-19 Workplace Safety Rule

By Rachel Kurth (US) on June 10, 2021 Posted in Coronavirus, North America, United States

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued a mandatory workplace safety rule requiring employers to take specified steps to protect workers from COVID-19. However, the rule applies only to health care settings. Referred to as an emergency temporary standard (ETS), the rule exempts fully vaccinated workers from masking, distancing, and barrier requirements when in well-defined areas where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.

OSHA has also updated its Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace guidance for workplaces … Continue Reading

SafeWork NSW approves Code of Practice on managing psychosocial hazards

By Katherine Morris, Melissa Carnell and Brittany Tyne on June 10, 2021 Posted in Asia Pacific, Australia, General

SafeWork NSW has approved Australia’s first Work Health and Safety (WHS) Code of Practice on managing psychosocial hazards at work (the Code). The Code took effect on 28 May 2021.

The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation under the WHS Act has been complied with. A Court may have regard to an approved code of practice as evidence of what is known about a hazard or risk, risk assessment or risk control, and rely on the code of practice in determining what … Continue Reading

“Long Covid” and the implications for employers

By Joanna MacKenzie on June 7, 2021 Posted in Coronavirus, UK

“Long Covid” (or “post-Covid-19 syndrome”) is a condition where people who have contracted Covid-19 continue to experience symptoms for weeks or even months after their initial infection. It affects individuals differently, and symptoms can range from fatigue, headaches, loss of taste or smell, lasting fever or anxiety, to respiratory difficulties, muscle weakness, blood clots and even organ damage.

The Office for National Statistics in the UK reported in April 2021 that an estimated 1.1 million people in the UK had symptoms associated with long Covid, with over two-thirds of these individuals having had (or suspected to have had) Covid-19 at … Continue Reading

US: Labor Department Sets Occupational Safety & Health Meeting

By Kevin Mayer (US) on June 4, 2021 Posted in Coronavirus, North America, United States

The National Advisory Committee on Occupational Safety and Health will conduct a virtual meeting on June 22, 2021, to address current workplace issues and its prior work. The details are set forth in today’s U.S. Department of Labor announcement. The DOL and federal OSHA have been shifting priorities since the initiation of the Biden Administration, and are now focusing on enhanced workplace health and safety inspections and enforcement, notably including COVID-related worker protection issues. There has been talk of increasing the amount of monetary civil penalties and potentially triggering associated criminal indictments for particularly egregious employer misfeasance.… Continue Reading

Is the failure to enhance shared parental leave pay discriminatory when adoption leave pay is enhanced?

By Charlotte Emmerson on June 2, 2021 Posted in Contracts, General, UK

In the case of Price v Powys County Council, the Employment Appeal Tribunal have upheld the tribunal’s decision that there is no sex discrimination where an employer pays a man on shared parental leave less than a woman on adoption leave.

In the UK, Shared Parental Leave (SPL) provides flexibility for parents to take leave to care for their child. Eligible parents can take up to 50 weeks SPL in the first year after the birth of their child, or in the first year after their child’s placement for adoption, with up to 37 weeks of Shared Parental Pay … Continue Reading